News -> INDReporter MON, NOV 21 11:08AM by Walter Pierce

La. appeals court: citizen arrest for DUI OK

Citing precedent in Louisiana law, the 5th Circuit Court of Appeal in Gretna has upheld the right of private citizens to arrest individuals suspected of drunk driving.

The case stems from an incident on New Year’s Eve 2006 on the West Bank of New Orleans in Jefferson Parish in which a Gretna police detective who was off duty and out of his jurisdiction at the time pulled over a man whose pickup was swerving on the road. The detective, Brian Rico, didn’t wait for local officers to arrive, and when he patted down suspect Tracy Common found 50 ecstasy pills and $1,100 in cash. Common was later arrested on drug charges by local law enforcement and appealed his sentence.

Although the three-judge 5th Circuit panel overturned Common’s sentence, which was enhanced for multiple prior felony arrests, it let stand the circumstances of his arrest, citing a previous case heard by the state’s 1st Circuit Court of Appeal, which upheld the arrest of a drunk driver by a volunteer firefighter from Texas.

Read the full opinion here.


Walter Pierce
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Comments (4)add
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written by Dashel , November 21, 2011 - 02:33 pm
So what is the point of the right to make a citizen's arrest if the judicial system is simply going to let the offender go free, even when found to be in the possession of illegal drugs at the time of arrest???
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written by NORTHSIDIAN SHOTGUN , November 22, 2011 - 06:29 am
Thats why the Yellow Pages is filled with lawyers names and how pray tell, many lawyers would stop a drunken driver and arrest him for DUI ?
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written by westbank investigative reporter , December 04, 2011 - 06:38 pm
after further investigating the entirety of this incident...when making an arrest as a private citizen you are required by the law to complete a sworned in probable cause affidavit, which was NOT done so, but instead altered making it a fraudulent document.
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written by westbank investigative reporter , December 04, 2011 - 07:07 pm
after further investigation of this case..
discovery shows that by law a private citizen as well as an officer making an arrest must sign a sworned probable cause affidavit, but in fact, in this case it was proved NOT to be done but altered instead which made the probable cause affidavit a fraudulant document..so there goes the probable cause
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