BehindBlueI's
Grandmaster
- Oct 3, 2012
- 26,608
- 113
I realize that your POV is police action, I just want to ask, under what circumstances is it ever legal for an unsworn civilian to hold anyone.
You've shot, he's injured. You're unsure if he's out of the fight or not. It's not only legal but prudent to continue to hold him at gunpoint.
Keep in mind any citizen has arrest authority under Indiana Code in certain circumstances. It made the news last year when the group of bystanders held down the suspect in a knife-point robbery in the Kroger parking lot on the southside of Indianapolis. A home invader who was whacked in the face with a golf club and then held down by the residents until police arrived also comes to mind. In both instances, either intended victims or witnesses held a suspect in both the legal and physical sense and were in no legal jeopardy. Police are certainly in the position to hold or take someone at gunpoint significantly more often, but it does occur with the civilian population as well.
If he turns and runs, a LEO MIGHT get some lee-way over shooting a fleeting armed criminal. You won't.
While certainly not a best practice or even recommended, my experience has been civilians get more leeway locally. One, the media is less interested in you and the court of public opinion doesn't push for you to be tried. Two, regardless of what the law says the prosecutors are more apt to give you the benefit of the doubt when acting under stress. That said, I have personally investigated instances were the only thing that saved the shooter from prosecution was poor marksmanship. If they'd have hit someone, they would have been bought and paid for.