Theft between $500 and $1000 is considered a class E felony. He’s allowed to arrest any individual who commits any felony “For a public offense committed in the arresting person’s presence; when the person arrested has committed a felony, although not in the arresting person’s presence; or when a felony has been committed, and the arresting person has reasonable cause to believe that the person arrested committed it.” There is no limitation as to time. He is not required to provide the notice of arrest if the alleged felon is arrested during a pursuit. If the alleged felon attempts to escape, as long as he gave notice first he’s even allowed to break into the felon’s house.

Honestly, I see nothing wrong with this. I think he did the right thing, whether or not the law says so. If police can do this why can’t citizens?

Police are specifically authorized by law to enforce laws; citizens have no such legal license. The law does allow citizens to effect an arrest of a suspect while the event is occurring, but it generally does not allow citizens to chase a suspect to his house and arrest him there, especially after the cops have already been notified and are in pursuit themselves. It sounds to me as if someone won an election and thinks he’s alot more powerful than he actually is.

The officers arrived at the Stanfield residence after Shepard took off. Stanfield said he knew the suspect and knew where he lived. The officers said they would follow Stanfield. However, the officers got slowed by traffic and stop signs in the residential neighborhood and when they arrived at Shepard’s residence, Stanfield–according to the report–and Shepard were already in a struggle and Stanfield had a handgun pointed at Shepard’s head saying, “You tried to run over my son! I’ll blow your f–ing head off!”

Officers ordered Stanfield to drop his gun, which he did. Both he and Shepard were arrested.

Stupid, but not really prosecutable.

Joel Rosenberg is fond of saying that a CCW permit doesn’t make you a junior G-man. It’s for your self-defense. It doesn’t make you a cop. Pursuing someone and then shoving a gun in their face in their own home is a recipe for a couple of disasters.

One reason states have castle doctrines is that if someone comes into your house, you can assume they’re up to no good. In this case the supposed good guy put himself on the bad end of that assumption. If there hadn’t been a witness, it would have been easy for the bad guy to blow Stanfield’s brains out and claim he was just defending his castle.

Stanfield might or might not get off the hook, but if he does that won’t make what he did something you’d want to imitate.