Can you pull cops over for traffic infractions?
- Thread starter Displaced Bama Fan
- Start date
It may take another officer of the law. Just don't use foul language in front of the officer's son.
that would have been more entertaining if he would have given her a ticket for speeding and reckless driving, since she was keeping up with him and filming the entire thing.
Probably little ole ladies are the best ones to pull over cops and scold them like a mother or grandmother. It may be easier for them to get away with it.
More than just a good question. How would you arrest him for speeding without committing the same offense?
I've reproduced the Alabama statute below. For you guys who like "angels on the head of a pin" questions, the answer is "yes." However, the fact that there are no appealed cases on it should tell you all you need to know. The miseries it could cause one, real life problems - not theoretical ones - have been mostly touched on in this thread. To a lawyer, there are even more. The real answer is to record and become a witness. But to answer the theoretical question, there's no blanket prohibition against a citizen's arrest on an LEO that I know of (but I'm not a criminal lawyer, after all). Here is the statute:
Section 15-10-7 of the Code of Alabama reads as follows:
Arrests by private persons.
(a) A private person may arrest another for any public offense:
(1) Committed in his presence;
(2) Where a felony has been committed, though not in his presence, by the person arrested; or
(3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it.
(b) An arrest for felony may be made by a private person on any day and at any time.
(c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit.
(d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house.
(e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate.
Now, I'm sure all know how to do all these things...
Section 15-10-7 of the Code of Alabama reads as follows:
Arrests by private persons.
(a) A private person may arrest another for any public offense:
(1) Committed in his presence;
(2) Where a felony has been committed, though not in his presence, by the person arrested; or
(3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it.
(b) An arrest for felony may be made by a private person on any day and at any time.
(c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit.
(d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house.
(e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate, or to deliver him to some one of the officers specified in Section 15-10-1, who must forthwith take him before a judge or magistrate.
Now, I'm sure all know how to do all these things...
I'd like to see a muni judge trying to keep a straight face while you explained your speeding defense as being in hot pursuit of a LEO who was speeding... 
Assuming a clear road ahead and no inclination to slow or stop, you wouldn't.
But if he hit traffic, or stopped for some other reason, there he would be waiting for you.
So are you going to take him before a judge or magistrate or turn him over to a fellow officer?
Is there a component of the "citizen arrest" law that gives the arresting citizen some of the same rights as an officer when pulling someone over? Because I'm pretty certain that most LEO's exceed the speed limit when pursuing someone they're pulling over for speeding.
but they generally have their blue lights on while doing it. ianal, but i am pretty sure that emergency vehicles are allowed to speed if they have their lights on.
So you're saying I need to go buy me a blue light and si-reen?
"Junior, put the evidence in the car."
"But Daddy!"
"PUT THE EVIDENCE IN THE CAR!!!"
"Remind me when I get home to slap yo mama in the mouth. Ain't no way you from my loins. Ain't. No.Way!"
That’s what got Barney in trouble. He made a U-Turn in a non-emergency situation and Gomer rightly cited him for it.
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