[FoRK] Citizen's Arrest!

Stephen Williams sdw at lig.net
Mon Jan 2 15:36:57 PST 2012


On 1/2/12 3:05 PM, Gregory Alan Bolcer wrote:
> Plus if there's no direct damages, there's no case.

There are multiple possibly valid grounds for standing.  Most proximate, I experienced enhanced risk in this particular case.  
Exposure to increased probability of risk, when it happens while or because of breaking the law, is damage, direct in a sense.  This 
is the whole underpinning of "strict liability" laws like speeding, running red lights, etc.: Even if you didn't kill someone this 
time, there was a probability that you would have which is a lesser offense based on (theoretically) calculable increased risk.  
(Unless you can prove that there was no risk, in which case I think application is invalid.)

The strongest case may be something equivalent to a class action case consisting of a motion to compel to stop breaking the law.  
There should be no need to get anyone else involved: The facts here should be enough to get a toehold and build everything else.  
Pending research on the proper approach and terms...  A citizen has to be able to complain to a court that the police are breaking 
the law.  If valid, the court will (one would think) tell them to stop doing it, hopefully with some kind of reporting or 
monitoring.  If found to be ignoring the order, things can escalate.  The only escape would be to get a law passed making what 
they're doing legal.  Which would require examining and debating traffic laws for improvement.  Which is what I want.

>
> Greg
>
> On 1/2/2012 2:56 PM, Stephen Williams wrote:
...

sdw



More information about the FoRK mailing list