Safety for Children at a campground

DiskDoctr wrote:

et2 wrote:
If you're held by someone against your will its kidnapping and charges cab be levied against those individuals. Unless you agree to something in writing and waived your rights you can't be held against your will. Much less to they have any right to search you or your property if you haven't committed a crime, without walking into a law suit.

Not saying what was trying to be accomplished wasn't in good intentions, it doesn't supersede anyones rights by individuals wanting to play cop. Unless of course you willingly agree to it.

LEO's do not have the right nor do you have to obey a LEO demanding to search your vehicle. A search warrant must be obtained unless you are observed committing a crime or there is "reasonable" suspicion. Then it's up to the courts to sort out if the LEO crossed the line.

Sure, you can make people sign something stating you have the right to detain or hold them and search them, but I'd bet your business would be belly up in short order.

A few clairifications.

1. You CAN be held against your will upon a 'Citizens Arrest' My comment about many states requiring a felony in your presence was alluding to that situation. The risk? If you are wrong, you can be charged with holding someone against their will- usually a crime. I am not aware of signing anything allowing you to be held against your will.

2. You should NEVER refuse to follow a LEO's orders. There may be repercussions later, but that is what a judge and your lawyer is for. Object verbally and calmly, but comply with physical orders. As et2 stated, they may not have the 'Right' to search, but that is what judges and lawyers will sort out later.

Personally, I would be searching through my stuff anyways. Just in case the little bugger is hiding in a cubby hole or under a blanket or something. Doesn't mean I would let an 'official' do it, but doesn't mean I wouldn't, either. Likely, we'd stay and help search.

Edit: Better way to say this part: "LEO's do not have the right nor do you have to {obey} CONSENT TO a LEO demanding to search your vehicle." ...Bold is mine. You do have to obey, but you do NOT have to consent.

I believe we aren't talking about the same thing. So here it is in a nut shell, if you haven't committed a crime - NOBODY - has any legal authority to detain you, search you, look into or enter your home,car,RV, ETC. Unless you agree to it. If there is no crime you better not be accusing someone of it and "claiming " a citizens arrest , or YOUR" going to be hearing from a lawyer and your savings are going to shrink. So before you try to be the hero, you better have something to back up your accusations.

As far as a LEO, if you haven't committed a crime the only thing your required to do (traffic stop) is identify yourself (drivers license). You don't have to answer to any question, unless you choose too. But be prepared anything you say ... Well you know the rest. As far as all the things you mention, beatings, tazed, etc for not cooperating. Well that's just trying to scare people and has no business in this conversation. One doesn't have to give up their rights because of fear.