Police: Guy breaking into car on Charles Street chased by alert citizens
UPDATE: See the comments for a note from one of the people involved.
Boston Police report a man spotted breaking into a car on the Public Garden side of Charles last night found himself chased across the Common by several people who kept after him until police arrived.
Jamie Kitchens, 34, was arrested on charges of breaking and entering a motor vehicle, receiving stolen property and, of course, possession of burglarious tools after, police say, several friends walking through the Public Garden "heard glass break and observed the suspect leaning into the broken window of a car parked on Charles St. and removing items from the car" and then decided to do something about it.
Innocent, etc.
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Comments
What kind of legal grounding
What kind of legal grounding were they on?
And how does one do a citizen's arrest in Boston?
Hmm... I don't see anything
Hmm... I don't see anything in the BPD report about the vigilantes holding the dude. Just says the police stopped him on Tremont.
You are right; my apologies and thanks
I've changed the post to reflect the fact that police actually said the group kept following him, rather than stopping him.
So, what's the truth? Did
So, what's the truth? Did they only follow him? Or did they restrain him but we're going to pretend they didn't?
This question is essentially
This question is essentially irrelevant. Even if the bystanders did "detain" the suspect, he would have to sue them as a civil matter for false imprisonment, since there is no way the DA would prosecute them for committing any crime. Good luck with that civil suit.
If I witness someone breaking
If I witness someone breaking into automobiles, am I allowed to detain them without prior request of an officer to assist?
Do I have to say that I am making a citizen's arrest? Do I want to be careful NOT to say that?
Is this an area in which technically I'd be guilty of a felony for detaining, but that practically I could reasonably expect the authorities to look the other way?
If I witness committing assault and battery, is the answer different than for someone who merely broke into an auto?
Does the answer differ if the assailant appears to be attempting to flee, vs. I have reason to assume there is danger of immediate further harm to others?
Pete Nice? Anyone? Anyone?
Pete Nice? Anyone? Anyone? Anyone?
Common law and MA False Imprisonment
The elements of the tort are:
* Intention to confine the other or a third person within boundaries fixed by the actor. Recklessness will suffice
* Total restraint: the claimant must have no reasonable way of escaping - Bird v Jones
* The person confined must be aware at the time of confinement of the state of that confinement or be harmed by it. - Parvi v. City of Kingston - N.Y. Ct. App. 1977 (41 N.Y.2d 553, 362 N.E.2d 960, 394 N.Y.S.2d 161)
Restatement (Second) of Torts §35. False Imprisonment
ALM GL ch. 263, ? 3 (2010)
3. Action for False Imprisonment Limited.
No action, except for use of excessive force, shall lie against any officer other than the arresting officer, by reason of the fact that, in good faith and in the performance of his duties, he participates in the arrest or imprisonment of any person believed to be guilty of a crime unless it can be shown that such other officer in the performance of his duties took an active part in the arrest or imprisonment as aforesaid, either by ordering or directing that said arrest or imprisonment take place or be made, or by actually initiating the making and carrying out of said arrest and imprisonment. No action, except for use of excessive force, shall lie against any bystander assisting an officer in making an arrest, at the request of the officer.
A note from one of the people involved
Got this via e-mail today:
Bravo!
*applauds*