Lawful commission

[Daniel L Newhouse]

What does it take for a commission as a law enforcement official or a member of the US military to be lawful?

 

[WIP]

What does it take for a commission as a law enforcement official or a member of the US military to be lawful?

Could you explain further? Not sure what you're getting at.

 

[Daniel L Newhouse]

For starters, as far as I know (AFAIK), you need a service number issued by the US marshalls service to lawfully make arrests in this country.

For the military, it would be a service number from the same agency to shoot foreign nationals OCONUS.

 

[WIP]

Citizen's arrest is still legal to my knowledge.

 

[Daniel L Newhouse]

What's the penal code in Florida that allows for that?

 

[WIP]

I don't know FL law but here in MN here is the statute.

629.37 WHEN PRIVATE PERSON MAY MAKE ARREST.
A private person may arrest another:

(1) for a public offense committed or attempted in the arresting person's presence;

(2) when the person arrested has committed a felony, although not in the arresting person's presence; or

(3) when a felony has in fact been committed, and the arresting person has reasonable cause for believing the person arrested to have committed it.

 

[Truth7t7]

What's the penal code in Florida that allows for that?

Liberal California Has Citizens Arrest:

In California, Penal Code Section 837 states that "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."

 

[Truth7t7]

What's the penal code in Florida that allows for that?

Citizens Arrest In Florida Is Found Under Common Law.

SammisLaw

Citizen's Arrest in Florida
The standard for a valid citizen's arrest is explained in McAnnis v. State, 386 So.2d 1230, 1232 (Fla. 3d DCA 1980) as follows:

• A purpose or intention to effect an arrest under real or pretended authority;
• An actual or constructive seizure or detention of the person to be arrested by a person having present power to control the person arrested;
• A communication by the arresting officer to the person whose arrest is sought, of an intention or purpose then and there to effect an arrest; and
• An understanding by the person whose arrest is sought that it is the intention of the arresting officer then and there to arrest and detain him.

 

[jasonc]

For starters, as far as I know (AFAIK), you need a service number issued by the US marshalls service to lawfully make arrests in this country.

For the military, it would be a service number from the same agency to shoot foreign nationals OCONUS.

the military cant make arrests unless the lawful authority is given to them by a state or federal agent who is NOT a military member. in the national guard in times of disaster we can detain, the cops will then arrest. the doj would have deputize the member and they usually wouldn't as they would be responsible to train him and would train him first. it would be easier to hire more.

a service number doenst give me any power to arrest or use lethal force unless im ordered and under the above situation with given roles of engagement and also use of force designated. I have served in the active army, been overseas and also called up for many hurricanes. not once did I see the time were told to detain any u.s. citizen on our own. we did that once as the idiots were drunk and wanted us to give them water and food and were driving. so we let the cops know who then arrested them for drinking and driving and the open container.

I am a retired member of the national guard

 

[JohnDB]

This is the theology forum and this isn't a theological topic.