What you did was illegal.
Additionally, that's a misuse of "instinctive".
Additionally, that's a misuse of "instinctive".
I’m a photographer and a distance runner and I’m good enough at both to have made money off of them. Both reactions were instinctive.
[1] https://www.acludc.org/en/know-your-rights/know-your-rights-...
I was referring to the battery.
> I’m a photographer and a distance runner and I’m good enough at both to have made money off of them. Both reactions were instinctive.
The experiences and training you have had post-birth have no bearing on your innate human instinctual responses, which are shared in common with all members of your species, including the ones that aren't runners or photographers. It is likely you meant "subconscious" or perhaps "automatic".
1 - https://www.shouselaw.com/ca/defense/penal-code/837/#3.1
For a misdemeanor (as the shoplifting described in this case appears to be), only if the arrested party actually committed the offense and it occurred in the arresting party’s presence (for a felony, the terms are somewhat looser.)
As the description clearly indicates that the offense did not occur in the poster’s presence and he wasn’t even aware of the offense until after using force to restrain his victim, he committed both battery and false imprisonment by violence, the latter of which is a felony offense, and the former is at a minimum a violent misdemeanor.
- https://le.alcoda.org/publications/files/CITIZENSARREST.pdf
I think this would qualify as committing the crime "in the presence" of the above commenter. Running away is part of the theft and that was done in the presence of the commenter.
Even the most liberal definition doesn’t include the arrestor being only aware of the crime after the arrest (even the looser felony citizen arrest rules require both knowledge of the offense and reasonable belief that the arrestee committed it, as well as, as in the misdemeanor case, actual guilt.)
I realize that I was over my head considering the guy was much bigger than me and I had no way of knowing if he was armed or not, but I sleep better at night knowing I did what I could to act as a decent human being.
My usage of instinct, something that I did subconsciously and without thinking, is covered under several dictionary definitions and examples [1-3].
[1] https://dictionary.cambridge.org/us/dictionary/english/insti... [2] https://www.merriam-webster.com/dictionary/instinct [3] https://www.dictionary.com/browse/instinct
Fuck off.
Home (or storefront) invasion is a violent act. Theft is a violent act. We (all of us) have a duty to respond - with violence if necessary.
We need more good people like (psychomugs) in San Francisco and he deserves our thanks.
In almost all cases, escalating a relatively minor crime into physical violence against a human being is the wrong move, and needlessly increases the risk in a situation.
Grab the wrong person by accident? In a lot of states that might endanger your own life if the person decides to defend themselves.
Escalating to violence over simple objects (property) is to have priorities out of whack.
PS: be nice. I will not fuck off.
Taking the photos was probably not illegal.
Citizen’s arrest in California is legal for a misdemeanor (e.g., shoplifting as in your case) only when the arrestee is both factually guilty and committed the crime in the arresting person’s presence; whether or not the first part is true, by your description the second is not and you committed both battery and false imprisonment, possibly felony (by violence or menace) in the latter case.