[pct-l] Citizen's arrest

[Timothy Nye]

Well, I meant to delete that since it was sounding a more than a little sanctimonious and, of course, I inadvertently hit the wrong button. Damn.

At any rate, the point is that there are, in fact four separate jurisdictions involved with the trail. As was previously noted, in addition to the three states, there are federal enclaves where state jurisdiction does not extend, but that isn't demarcated by whether or not the lands are federally controlled. National Parks, on the other hand, are federal enclaves and Yosemite, for example, has it's own jail, prosecutor and federal magistrate.

To return to a previous post, however, assault and battery are not just crimes. They are also torts which give rise to civil causes of action for damages to those harmed. Both, of course, can be pursued concurrently. An assault is where one is put in fear of an imminent battery, or touching, by another. A battery is the actual touching. 

When a tort is caused by someone committing an illegal act, whether felony, misdemeanor or infraction, it is presumed that the wrong doer is the party at fault and thus responsible and liable for damages in any civil proceeding. This presumption is referred to as "negligence per se".  In a "he said, she said" type of situation on the trail that should resolve things rather nicely in a hiker's favor. It's also helpful to note that a negligence per se determination doesn't require an actual successful criminal prosecution to have taken  place. Such prosecutions are irrelevant to a civil proceeding. Since there are different standards of proof in criminal versus civil trials, with a less stringent standard in civil proceedings,that is, whether something happened is 'more likely than not' as opposed  to its occurrence being 'beyond a reasonable doubt', a separate determination is made in the civil proceedings as to whether a violation occurred.  

Also, it seems handy to me that so many MTBs wear helmet mounted cameras. In the event of litigation those would seem to take care of everything. If they were tampered with, deleted, etc., that could amount to evidence despoliation and otherwise be construed as evidence against a MTB. In fact, if a MTB has such a camera, but isn't wearing it, then that could be argued to show consciousness of fault.

Just a few thoughts which should not be construed as legal advice.

Sent from my iPad

On Jul 1, 2013, at 6:33 AM, <chiefcowboy at verizon.net> wrote:

> State laws apply on federal lands too.  Although state laws vary, they are quite similar in this area.
> 
> From: surferskir at aol.com 
> Sent: Sunday, June 30, 2013 8:23 PM
> To: chiefcowboy at verizon.net ; dm at quixnet.net ; pct-l at backcountry.net 
> Subject: Re: [pct-l] Citizen's arrest
> 
> One thing that I think we are all forgetting is that MOST of the PCT is on Federal property, and the violations are federal crimes, not necessarily State law violations.  
> So different rules apply for making a federal "Citizens arrest", which I don't know of any statues which authorize/allow this
> --Dennis--
> -----Original Message-----
> From: chiefcowboy <chiefcowboy at verizon.net>
> To: dm <dm at quixnet.net>; pct-l <pct-l at backcountry.net>
> Sent: Sat, Jun 29, 2013 5:36 pm
> Subject: Re: [pct-l] Citizen's arrest
> 
> 
> Also know, that if a citizen "demands" an arrest, it is a misdemeanor for 
> the officer to refuse it.  If the officer feels it is an invalid arrest, 
> he/she will normally advise the arresting citizen.  But if the citizen 
> insists, the arrest will be made and a citation issued.  The proof is 
> between the arrestor and the arrestee - not the officer.
> 
> -----Original Message----- 
> From: dm
> Sent: Saturday, June 29, 2013 3:45 AM
> To: pct-l at backcountry.net
> Subject: [pct-l] Citizen's arrest
> 
> For thise contemplating a citizen's arrest of bikers
> illegally on the PCT, this is from the Califirnia Penal
> Code.  OR & WA may have different versions.
> 
> Duracell
> 
> "How to Make a Citizen's Arrest in California
> California Penal Code Section 837 states, "A private person
> may arrest another: (1) For a public offense committed or
> attempted in his presence. (2) When the person arrested has
> committed a felony, although not in his presence. (3) When a
> felony has been in fact committed, and he has reasonable
> cause for believing the person arrested to have committed
> it." A Public Offense is a felony, misdemeanor or
> infraction. (PC Sec. 16). In other words, a person in
> California who is not a law official or police officer can
> make what is commonly called a "citizen's arrest" if he or
> she witnesses a crime. For example, an Occupy protester who
> witnesses someone breaking glass or painting graffiti can
> hold an offender until police arrive. From incriminating
> information provided by the citizen's account, police will
> arrest the offender."
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