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Can I hold someone hostage?

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Mike_Zombie

Junior Member
Okay, lately there has been lot's of kids and adults going around breaking car windows and stealing, also one person tried to steal my car a few nights ago.
They got in, and cut up my ignition wiring, and smashed my ignition cylinder in attempt for the screwdriver trick... They did not succeed with my fuel-pump killswitch.
No reports were made by me yet. Usually occurs around 3am.

However, in California I hate having to wait 30mins for authority to arrive, and I have confronted many who were out and about after I witness them breaking windows and stealing, or attempting to hotwire. This is in Redding, CA.
I usually tell them to leave, and get out of the neighborhood and find a different one.

Question is, am I able to forcefully hold them down or tie them up until authority arrives? I have seen this done on COPS before, and no charges were added on civilian. I am 16 years old, and suspects are usually around 17-40.
(I am a young martial artist, and not someone looking for fights, but to maintain order against these thieves.)
 


mistoffolees

Senior Member
Okay, lately there has been lot's of kids and adults going around breaking car windows and stealing, also one person tried to steal my car a few nights ago.
They got in, and cut up my ignition wiring, and smashed my ignition cylinder in attempt for the screwdriver trick... They did not succeed with my fuel-pump killswitch.
No reports were made by me yet. Usually occurs around 3am.

However, in California I hate having to wait 30mins for authority to arrive, and I have confronted many who were out and about after I witness them breaking windows and stealing, or attempting to hotwire. This is in Redding, CA.
I usually tell them to leave, and get out of the neighborhood and find a different one.

Question is, am I able to forcefully hold them down or tie them up until authority arrives? I have seen this done on COPS before, and no charges were added on civilian. I am 16 years old, and suspects are usually around 17-40.
(I am a young martial artist, and not someone looking for fights, but to maintain order against these thieves.)
That's a really stupid idea - unless you don't mind the idea of your parents having to pay for your funeral.

The MOST I would do is take a picture. Even that is not without risk.
 

Antigone*

Senior Member
Okay, lately there has been lot's of kids and adults going around breaking car windows and stealing, also one person tried to steal my car a few nights ago.
They got in, and cut up my ignition wiring, and smashed my ignition cylinder in attempt for the screwdriver trick... They did not succeed with my fuel-pump killswitch.
No reports were made by me yet. Usually occurs around 3am.

However, in California I hate having to wait 30mins for authority to arrive, and I have confronted many who were out and about after I witness them breaking windows and stealing, or attempting to hotwire. This is in Redding, CA.
I usually tell them to leave, and get out of the neighborhood and find a different one.

Question is, am I able to forcefully hold them down or tie them up until authority arrives? I have seen this done on COPS before, and no charges were added on civilian. I am 16 years old, and suspects are usually around 17-40.
(I am a young martial artist, and not someone looking for fights, but to maintain order against these thieves.)
Not a good idea. Call the police when you see something and tell your parents. You going rambo will only get you hurt or in trouble.
 

Mike_Zombie

Junior Member
I don't mind getting hurt, honestly. I'm a pretty tuff kid. Been in fights for stupid reasons in the past.
I'm just tired of the thieves and cops not being able to help since the suspects have left the scene.
Pictures don't work well at night either.

EDIT: I am emancipated. I Live with my friend.
Also, I already confront these people face-to-face in the middle of the night,
what makes you think I'm not scared to get close? (No offense towards your opinion)
 
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Antigone*

Senior Member
I don't mind getting hurt, honestly. I'm a pretty tuff kid. Been in fights for stupid reasons in the past.
I'm just tired of the thieves and cops not being able to help since the suspects have left the scene.
Pictures don't work well at night either.

EDIT: I am emancipated. I Live with my friend.
Also, I already confront these people face-to-face in the middle of the night,
what makes you think I'm not scared to get close? (No offense towards your opinion)
No one said you were scared. However, fear is not alway unwarranted.

Your view on this however shows your age.
 

Zigner

Senior Member, Non-Attorney
Ok, safety matters aside.

You run the risk of having criminal charges filed against you and of being sued. Vigilantism is not the way to go here...
 

Mike_Zombie

Junior Member
Who is that?

And can I really be charged for Vigil if I'm just protecting the cars?
I could understand if I didn't call the cops and killed him or something,
then yeah, definitely.
 

tranquility

Senior Member
Defense of others is a defense to crime. Defense of property is not.

If you know the person has committed a crime in your presence, you can make a citizen's arrest. However, if you're wrong, you will be sued and lose. If you use too much force, you will be sued an lose. If the police don't like what you did, you will be arrested and will have to defend yourself in court.
 

>Charlotte<

Lurker
From the California Penal Code:

837. 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.

Sounds like if the crime is not committed in your presence, it must be a felony. You cannot lawfully detain for a misdemeanor if it is not witnessed by you.

Plus, regardless of what is or isn't legal, you are at risk of being sued under any circumstances.

Link to the statutes:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=833-851.90

Seriously, don't be an idiot. Playing Tough Guy is not the way to go here.
 

Alex1176

Member
How on earth did the court emancipate you if you are totally not a mature person?:rolleyes:
Getting in fight with criminals for cars is really really stupid. Even me, a major in the IDF and a Krav Maga fighter, would not start a fight for some silly cars. The first thing in martial arts is to choose your enemy and your fight strategics wisely.
And in this issue I would buy a nice camera and put it discreetly in the area, and then I will go with the pictures to the cops.
 
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