Man Arrested For Assault For Resisting Citizen’s Arrest

[Rael]

SACRAMENTO (CBS13) — He’s accused of locking his dogs inside a hot car, but he’s in even more trouble for allegedly attacking a married couple who tried to stop him.

The dogs’ owner, Bradley Green, says he was only resisting an unlawful citizen’s arrest. The couple’s confrontation with Green happened on a 99-degree day in a grocery store parking lot, where Green had allegedly left his dogs inside the car while he went to pick up something eat. When he came back out, that’s when he said he was accosted by the couple.

“He jumped me and was on top of me,” said Green.

It’s not exactly clear how his troubles all started. CBS13′s Steve Large caught up with Green at his home.

“You know, I don’t think I really want to talk to you,” said Green, who wound up telling his side of the story anyway.

Steve: “But you admit you did put your hands on them?”

Green: “I have a right to resist an unlawful detainment.”

Steve: “That’s what happened, huh?”

Green: “Yes.”

When Sacramento County Sheriff’s deputies arrived, they arrested him for assaulting the married couple. He allegedly slapped and punched them, and even poked the husband’s eyes when they called 9-1-1.

“This is Tara and this is Tike,” said Green, introducing his Pomeranians.

Steve: “And they weren’t in any danger?”

Green: “No, I got a gallon of milk and a pre-made submarine sandwich and these people would not leave to let me go home.”

The cute lap dogs appear fine now. Green says his dogs were safe from the beginning because he parked in the shade.

Now he’s arguing the couple illegally detained him.

“One citizen cannot detain another citizen. When I came out of the store at that moment of time he had the right to call whatever authority he wanted,” said Green.

That’s the way Green sees it.

Steve: “The sheriff’s department says you poked his eyes?”

Green: “No.”

Green is now dealing with a potential black mark on his criminal record.

Citizen arrests are legal, but what is a little bit of a grey area is how much force a person can use while making the arrest.

Green had one misdemeanor arrest in 1997.

[Kylie]

The arrest, if a law was broken, is legal, imo.

But if they used force on him, then I'm not cool with that. If they accosted him, he had the right to defend himself.

This one will be interesting.

[youngbuck]

Probably some PETA douche bags with a hard-on for getting into other people's business. If someone tried to citizens arrest me with force over something like that, it wouldn't be pretty.

[newbitech]

SACRAMENTO (CBS13) — He’s accused of locking his dogs inside a hot car, but he’s in even more trouble for allegedly attacking a married couple who tried to stop him.

The dogs’ owner, Bradley Green, says he was only resisting an unlawful citizen’s arrest. The couple’s confrontation with Green happened on a 99-degree day in a grocery store parking lot, where Green had allegedly left his dogs inside the car while he went to pick up something eat. When he came back out, that’s when he said he was accosted by the couple.

“He jumped me and was on top of me,” said Green.

It’s not exactly clear how his troubles all started. CBS13′s Steve Large caught up with Green at his home.

“You know, I don’t think I really want to talk to you,” said Green, who wound up telling his side of the story anyway.

Steve: “But you admit you did put your hands on them?”

Green: “I have a right to resist an unlawful detainment.”

Steve: “That’s what happened, huh?”

Green: “Yes.”

When Sacramento County Sheriff’s deputies arrived, they arrested him for assaulting the married couple. He allegedly slapped and punched them, and even poked the husband’s eyes when they called 9-1-1.

“This is Tara and this is Tike,” said Green, introducing his Pomeranians.

Steve: “And they weren’t in any danger?”

Green: “No, I got a gallon of milk and a pre-made submarine sandwich and these people would not leave to let me go home.”

The cute lap dogs appear fine now. Green says his dogs were safe from the beginning because he parked in the shade.

Now he’s arguing the couple illegally detained him.

“One citizen cannot detain another citizen. When I came out of the store at that moment of time he had the right to call whatever authority he wanted,” said Green.

That’s the way Green sees it.

Steve: “The sheriff’s department says you poked his eyes?”

Green: “No.”

Green is now dealing with a potential black mark on his criminal record.

Citizen arrests are legal, but what is a little bit of a grey area is how much force a person can use while making the arrest.

Green had one misdemeanor arrest in 1997.

So what if he "had one misdemeanor arrest". He has a right to due process of law. Spouting off about someone's arrest record is a big fucking problem in this country.

[Pro-Life Libertarian]

Probably some PETA douche bags with a hard-on for getting into other people's business. If someone tried to citizens arrest me with force over something like that, it wouldn't be pretty.

Agreed

[ghengis86]

I thought citizens arrests were only allowed if there is a commission of a felony involved? At least in my state. Might vary from state to state.

Also, what law was broken? Cruelty to animals?

[Delegate2]

The key here is what crime was commited? Was there even a crime at all?

In most states, a private citizen has the right to arrest someone who has committed a felony in his presence, and may even arrest someone he reasonably believes to have committed a felony, so long as the felony was in fact committed. For a misdemeanor, the private citizen must actually witness the crime, and must make the arrest immediately. A citizen cannot arrest for a misdemeanor committed a long time ago. Also, the misdemeanor must constitute a “breach of the peace.”

In most states, no formal announcement or actions are required to perform the citizen’s arrest. The citizen must sufficiently convey, either through words or conduct, the intent to perform a citizen's arrest. A citizen may use force that is reasonable under the circumstances to restrain the individual arrested.

[idirtify]

This begs the question: if the citizen’s arrest was illegal, why didn’t Green try to arrest the arresters? Now there’s a funny scenario. For example, which party would be charged with resisting arrest, and who would make THAT arrest?

[affa]

Probably some PETA douche bags with a hard-on for getting into other people's business. If someone tried to citizens arrest me with force over something like that, it wouldn't be pretty.

why does any story about someone caring about animals have people calling them PETA 'douche bags' or whatever. what a load of biased nonsense. PETA is an extremely small percentage of animal activists, let alone people that care about dogs being left in hot cars.

[sparebulb]

why does any story about someone caring about animals have people calling them PETA 'douche bags' or whatever. what a load of biased nonsense. PETA is an extremely small percentage of animal activists, let alone people that care about dogs being left in hot cars.

I think that "PETA douche bags" is an appropriate characterization for anyone who's "love" for animals is manifest in hate towards their fellow man.

[libertybrewcity]

Only in California would they pull a citizen's arrest for leaving your dogs in the car.

[Rothbardian Girl]

I HATE people who leave their dogs in the car on a hot summer day, but I'm not sure that would warrant a citizen's arrest. Personal feelings aside, I think this topic is pretty ridiculous.

[aGameOfThrones]

Solution... They should make a law Banning businesses from banning pets in stores. :)

[BlackTerrel]

The couple who made the arrest sound like the annoying type with too much free time. Get a friggin job and mind your business.

[Texan4Life]

The arrest, if a law was broken, is legal, imo.

But if they used force on him, then I'm not cool with that. If they accosted him, he had the right to defend himself.

This one will be interesting.


Probably some PETA douche bags with a hard-on for getting into other people's business. If someone tried to citizens arrest me with force over something like that, it wouldn't be pretty.

+1