Citizen Arrest

In certain situations, private individuals have the power to make an arrest without a warrant. These types of arrests, known as citizens arrests, occur when ordinary people either detain criminals themselves or direct police officers to detain a criminal. Citizens arrests are subject to fewer constitutional requirements than an arrest by law enforcement officers, but citizens arrests still have rules that govern them. Failure to abide by these rules can result in civil and criminal liability for the arresting individual.
Felonies
A person can arrest someone that they reasonably suspect of committing a felony, even if the felony didnt occur in the presence of the individual making the arrest. As long as a felony was actually committed and the individual making the arrest knew of the crime, a reasonable suspicion about the identity of the perpetrator will justify their arrest. The felony must have actually occurred before an individual can make a citizens arrest. Even if a person reasonably believes that a felony has occurred, if the crime did not in fact happen, the person making the arrest could become civilly and criminally liable.
Breaches of the Peace
In general, people cant use citizens arrests for misdemeanors unless the misdemeanor involves a breach of the peace. Even in these circumstances, however, individuals can only make arrests when they have personally witnessed the criminal behavior and the breach has just occurred or there is a strong likelihood that the breach will continue.
Constitutionality of a Citizens Arrest
As mentioned above, a citizens arrest does not carry with it the same constitutional requirements that attach to an arrest by law enforcement officers. If, however, a person acts on the request of law enforcement, any arrest they carry out must meet the same constitutional standards as an arrest by the law enforcement officers themselves. For example, a citizens arrest upon the request of law enforcement would still have to comply with the Fourth Amendments restrictions against unreasonable searches and seizures and its warrant requirement. A citizen could also face prosecution under statutes that make it a crime to deprive someone of their constitutional rights. If a citizen acts on their own initiative in making the arrest, however, those same constitutional restrictions do not apply.
Reasonable Force
Despite the fact that citizens arrests do not carry the same constitutional requirements as a typical arrest, individuals must only use the amount of force that is reasonable and necessary to make the arrest. Just what exactly constitutes the reasonable and necessary amount of force depends on the facts surrounding each arrest. Juries will usually examine the facts surrounding a citizens arrest and make the determination of whether it involved excessive force. The use of excessive force can open up the arresting individual to civil and criminal liability, and this is especially true when individuals use deadly force to apprehend criminals. States have different rules about the use of deadly force during a citizens arrest, and failure to comply with the law in this area can result in serious consequences.
Some states prohibit the use of deadly force except in circumstances where the person making the arrest or someone else is faced with the threat of serious bodily injury or immediate use of deadly physical force. In these situations, the person making the arrest may use deadly force in order to prevent harm to themselves or others. Other states allow people making a citizens arrest to use deadly force to stop a fleeing arrestee as long as the person making the arrest used reasonable methods in order to make the arrest. Some states go further and require that the person using deadly force first attempt to restrain the subject of the arrest, and other states require pursuit and an explicitly stated intent to arrest before using deadly force.
Any use of deadly force during a citizens arrest that does not comply with the applicable state law could result in manslaughter or murder charges against the arresting individual, as well as a wrongful death lawsuit from the family of the suspected criminal.
Tort Liability
In addition to wrongful death lawsuits, a citizens arrest has the potential to expose individuals to other kinds of tort liability if the arrest was not justified. If a person does not comply with the laws requirements when making the arrest, the arrestee could allege a number of offenses in a personal injury lawsuit, including the aforementioned wrongful death, false imprisonment and assault and battery.
Conclusion
Every individual is empowered to arrest wrongdoers in certain circumstances, but individuals looking to make a citizens arrest act at their own risk. Not only is the act of apprehending a criminal inherently dangerous, but failure to meet the legal requirements for a citizens arrest could have devastating consequences for the person making the arrest.

- See more at: http://criminal.findlaw.com/criminal-procedure/citizen-s-arrest.html#sthash.uIj9PsMH.dpuf

Little Know Black History Fact

Gregory’s passion for social justice started early in life and influenced him as a high schooler to lead a march in St. Louis that protested against segregated schools. This passion would later become an inspiration for much of his comedic material, where he used satire to speak out about racial injustice and prejudice. In the mid- 1950’s, Gregory, who was serving in the military at the time, started doing stand-up comedy and by 1956, he relocated to Chicago to pursue his comedic aspirations full-time. Recognized as the first Black American satirist, he joined the ranks of a new generation of up and coming Black comics such as, Nipsey Russell and Godfrey Cambridge. After being inspired by Dr. Martin Luther King Jr. and SNCC, Gregory became involved in the Civil Rights Movement, and used his celebrity platform to fight against Black disenfranchisement and segregation. By the 1960’s, Gregory had dedicated a considerable amount of time advocating for a number of social causes. Today, he continues to be a champion for social change.

Little Known Black History Fact

Today in 1966, civil rights activists, Bobby Seale and Huey P. Newton founded the Black Panther Party for Self- Defense in Oakland, CA. In the early 60’s, Seale and Newton met at Merritt Junior College and both were involved in organizations that inspired the revolutionary tactics of the Black Panther Party. The party was known for protesting against police brutality, but it also empowered the Black community by implementing social programs, such as free breakfast for children and health clinics. Later the party expanded to the East Coast, joining other African Americans in the fight for civil rights. By 1969, the Black Panthers gained about 10,000 members and became the largest Black revolutionary organization.

Serena Williams

In 1999, 17-year-old Serena became the first Black woman to win the U.S Open since tennis pioneer, Althea Gibson, in 1958. From there, Serena went on to dominate tennis courts worldwide, winning a total of 21 Grand Slam titles. Training to be the greatest since she was a toddler, Serena has soared pass adversity, including racially fueled comments from commentators and audiences, with flying colors. Her tenacity and passion for the game not only paved the way for other women tennis players, but also the next generation of Black athletes. “As a Black tennis player, I looked different. I sounded different. I dressed differently. I served differently. But when I stepped onto the court, I could compete with anyone.”

Today in Disney History

Mickey Rooney, the voice of Adult Tod in Disney's The Fox and the Hound, was born on this day in 1920. Jason Alexander! Born in 1959, he voiced Hugo in Disney's The Hunchback of Notre Dame.

Did you know?

Did you know that Ethel Waters was the first African American to be nominated for an Emmy Award? In 1962, the legendary jazz and blues singer received the nomination for her performance in a "Route 66" episode, "Good Night, Sweet Blues.” Waters' nomination paved the way for women like Diahann Carroll, Cicely Tyson, Alfre Woodard, Halle Berry, Kerry Washington, Regina King, and Viola Davis, now the first Black woman to win the Emmy for Best Lead Actress in a Drama Series.

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Dr. Suess

Theodor Seuss Geisel was born on March 2, 1904, in Springfield, Massachusetts. He published his first children's book, And to Think That I Saw It on Mulberry Street, under the name of Dr. Seuss in 1937. Next came a string of best sellers, including The Cat in the Hat and Green Eggs and Ham. His rhymes and characters are beloved by generations.

Did you know?

Jesse Eugene Russell, aka the Father of the Cellphone, is a Black inventor trained in electrical engineering. A graduate of Tennessee State University, Russell became the first graduate of an HBCU to be hired by AT&T Bell Labs. He went on to receive his MS in Electrical Engineering from Stanford and became an expert in digital signal processing. During his time at AT&T he suggested taking the car phone more on the go and putting one in every hand. This technology took over four years to perfect. But finally in 1988, Russell released the first digital cellular system to the world. Currently, Russell holds over 75 patents in digital cellular technologies, including but not limited to: the mobile data telephone, the base station for mobile radio telecommunications systems, & the broadband cable telephony network architecture IP ITN network architecture reference model, etc. In 2000, Russell left Bell Labs to become the CEO of incNETWORKS, which is one of the leaders in MicroLTE product platforms for 4G devices.

What was the first state-supported school for the training of African-American Teachers?

The institution that is now Alabama State University in Montgomery began in 1867 as Lincoln Normal School, a private school for African-American students in Marion, Alabama. In 1899 a new building was constructed. Its cost was covered by a group of black citizens, by the Freedmen's Bureau (an agency formed by Congress in 1865 to provide aid to African-Americans and impoverished whites), and by the American Missionary Association, whose teachers ran the school. In 1874 Lincoln Normal School was recognized as a state-supported institution for the education of African-American teachers.
The school was moved to Montgomery in 1887, its name was changed to Alabama Colored People's University, and the campus was expanded as a new buildings were constructed over the years. As the school grew to a four-year college and then added a graduate school, its name was changed several times. In 1969 it received university status, and Alabama State University grew to include colleges of arts and sciences, business administration, education, music, and aerospace studies.

Did you know?

February was chosen as Black History Month because two important birthdays occur in February—that of Abraham Lincoln, the author of the Emancipation Proclamation, and that of Frederick Douglass, an early African American abolitionist

Did you know?

Sadie Tanner Mossell Alexander was the first Black woman in the US to be awarded a PhD, and the first woman to be awarded her law degree from the University of Pennsylvania. She also served as the first President of Delta Sigma Theta Sorority, Incorporated.

Andrew "Rube" Foster

Born in Texas in 1879, Rube Foster began playing baseball at an early age. He dropped out of school in the eighth grade to play for a local team called the Waco Yellow Jackets. In 1902, he went to play for the Chicago Union Giants. Over the next few years, Foster played for several teams and established himself as a top pitcher, also becoming a team manager in 1907 for the Leland Giants. Around 1910, Foster started his own team. In 1920, he became famous when he helped establish the Negro National League, the first successful professional baseball league for African-American players. Foster died in Illinois in 1930.

Joseph Hayne Rainey

     In 1870 Republican Joseph Hayne Rainey became the first African American to be elected to the United States House of Representatives and take his seat.  Others were elected earlier but were not seated.  Rainey was born in Georgetown, South Carolina, on June 21, 1832. His parents had been slaves but his father purchased his family’s freedom and taught him to be a barber. The family moved to Charleston in 1846.  Rainey, however, traveled frequently outside the South and married in Philadelphia, Pennsylvania in 1859. In 1861 Joseph Rainey was drafted to work on a Confederate blockade runner during the Civil War. In 1862 he escaped to Bermuda with his wife and worked there as a barber before returning to South Carolina in 1866.
    Once back in the state, he joined the executive committee of the newly formed South Carolina Republican party.  In 1868 he was elected a delegate to the state Constitutional Convention. Two years later in 1870 Rainey was elected to a four-year term in the state senate where he soon became the Chairman of the Finance Committee.  His tenure in the South Carolina State Senate was brief.  When South Carolina Congressman Benjamin F. Whittemore resigned Rainey won the seat in a special election.  He served in the 41st Congress and was appointed to the Committee on Freedmen’s Affairs and the Committee on Indian Affairs.  Rainey ran for reelection in 1872 without opposition.  In May 1874 he became the first African American representative to preside over a House session.
     In 1876, with the Democrats reemerging as the dominant force in South Carolina at the end of Reconstruction, Rainey barely defeated Democrat John S. Richardson for Congress.  Richardson, who never conceded the election, contested Rainey’s seat for the next two years.  In 1878 Richardson won the seat, ending Rainey’s Congressional career. Rainey returned to South Carolina and in 1879 was appointed an Internal Revenue Agent in the state by President Rutherford B. Hayes.  He held the post until 1881 when he returned to Washington, D.C. where he hoped to serve as Clerk of the House of Representatives.  Unable to obtain the appointment, Rainey instead started a brokerage and banking firm. After this failed he managed a coal and wood yard before returning to South Carolina impoverished and ill.  Joseph Hayne Rainey died in Georgetown on August 2, 1887, leaving a widow and five children. 
http://www.blackpast.org/aah/rainey-joseph-hayne-1832-1887#sthash.XGXOLMkl.dpuf

Little Know Black History Fact

Dr. Daniel Hale Williams was born in Pennsylvania and attended medical school in Chicago, where he received his M.D. in 1883. He founded the Provident Hospital in Chicago in 1891, the oldest free-standing Black-owned hospital in the United States. Dr. Williams was also the only African-American in a group of 100 charter members of the American College of Surgeons in 1913.

Black History

On Feb 15 1848 Sarah Roberts a five-year-old Negro girl, knocked timidly at the door of a Boston public school and asked admission as a student. Her request was denied; the school was for whites, and her skin was black. This incident precipitated what was probably the first segregation case ever to reach a United States court. Her father, Benjamin Roberts, filed the first school integration suit on her behalf. 

Little Know Black History Fact

    Betty Boop is one of the most iconic cartoon characters of all time, a virtual sex symbol created during a time where bold women were often frowned upon. The character’s signature vocals stood out, but she wouldn’t exist if it weren’t for a Black woman in Harlem who inspired the style. Esther Jones was a singer in Harlem who performed regularly in the Cotton Club jazz establishment. Jones, also known as “Baby Esther,” coined a vocal style using “boops” and other childlike scat sounds during her act. Actress Helen Kane caught a Baby Esther performance in the late 1920s, and began using the “boops” in her songs as well. Kane found fame early on with songs such as “I Wanna Be Loved By You” and incorporated the “Boop A Doop” scat, often called the “baby style,” into her music. In 1930, cartoonist Max Fleischer introduced the Betty Boop character via Paramount Studios’ Talkatoon series. Some historians point to Kane as the inspiration, a fact backed up during an episode of television history talk series, Stu’s Show.Animation historian Ray Pointer and Fleischer’s nephew, Bernie Fleischer, spoke at length about Betty Boop and her background. Another white starlet at the time, Clara Bow, may also have been an early inspiration for the cartoon.

     Kane sued Fleischer and Paramount in 1932, stating they were using her image and style. The courts ruled against Kane after Fleischer produced video evidence of Baby Esther performing in a nightclub. The courts decided that Kane did not have exclusive rights to the “booping” style nor her image, all based on Fleischer’s testimony. Columbia University scholar has referred to Baby Esther as “Betty Boop’s Black Grandmother” in recent discussions of the character. There have been recent photos surfacing of a darker-skinned woman styled as Betty Boop that has been erroneously credited as Baby Esther. Those photos were actually taken in 2008 by Russian photographer, Retro Atelier, according to Sinous Magazine. Baby Esther’s “baby” style of singing didn’t bring her much in the way of mainstream fame. She died in relative obscurity, presumably in 1934.

Tina Hicks

A staple in local media and a fixture in your 5:00 and 6:00 daily schedule. Tina Hicks began working for 13 WMAZ in 1972 and produced a 27 year career during which time she became the first African American (man or woman) in WMAZ-TV to take on the role of news anchor. Tina Hicks left WMAZ in 1999 due to Heath reasons and returned to Middle Ga news in 2001 as News Anchor for WGXA, a role she performed until 2002. Tina Hicks' accomplishments in News and Media played a heavy role in the success of 13WMAZ, helping to make it the #1 local news outlet in Middle Ga for over 40 yrs and paving the way for other African Americans to successfully pursue careers in News and Media. Tina Hicks is Black History Too!

Aaron Douglas

Aaron Douglas is recognized as the best well known painter of the Harlem Renaissance. He was born in Kansas, received a bachelor of fine arts degree from the University of Kansas, and taught in Kansas City high schools for two years. In 1924 Aaron Douglas came to Harlem where he met the German artist Winold Reiss, a white artist, who encouraged young black artists to look at African art for its elements of design. Douglas explored African art in his painting, which brought him into contact with Alain Locke and W.E.B. DuBois. Locke and DuBois, both committed to the exploration of African aesthetics, gave Aaron Douglas numerous opportunities to further his career in art.

Douglas illustrations were often found in The Crisis magazine, as well as in numerous other publications such as: Opportunity, Theater Arts Monthly and Vanity Fair. Alain Locke used Douglas illustrations between the chapters of his famous anthology of black writers, The New Negro, in 1925. Locke who wanted a Negro School of Art in Harlem called Douglas a pioneering Africanist.

His fame and reputation spread to Nashville (Fisk University) and Chicago where Douglas painted historical murals and paintings that related pride in black history. Douglas created a series of paintings for James Weldon Johnson's book of poetry: God's Trombones: Seven Negro Sermons in Verse. Each of his paintings was done in a flat, hard-edge style that used themes from Negro spirituals, the Bible and African and black American customs. Rectangles, squares, triangles and circles were the dominant shapes he used in his paintings, as they are found in African art and Cubism of European artists. All of Douglas' paintings utilize the black American figure almost as a silhouetted form which can be seen in the mural he painted for the 135th Street branch of The New York Public Library (Schomburg Center). The mural is known as Aspects of Negro Life.

Aaron Douglas joined the faculty of Fisk University in the late 1930's where he stayed until his death in 1979. Aaron Douglas is remembered most for having been the leader in the use of African inspired themes during the Harlem Renaissance.⁸

Little Known Black History Fact

The Friendship Nine, a group of young activists who who jailed and charged for trespassing after a nonviolent protest of segregation, can now rest knowing their names have been cleared. In a long road to justice, the Friendship Nine’s convictions were thrown out of court by a South Carolina judge, cementing the legacy of the brave men. The Friendship Nine – John Gaines, Thomas Gaither, Clarence Henry Graham, W.T. “Dub” Massey, Robert McCullough, Willie McCleod, James Wells, David Williamson, Jr., and Mack Workman – were named thus because eight of the men attended Friendship College in the town of Rock Hill. Gaither did not attend the school and was a field organizer of the CORE organization. On January 30, 1961, the Nine traveled as a group to the Whites-only McCrory’s establishment and staged a sit-in at a lunch counter that caused quite the stir. Inspired by other sit-in protests in North Carolina, the group had been planning the sit-in for months, The men walked into the variety store and were promptly arrested for trespassing after word of their plans got out to police.

Ernest Finney, a young civil rights attorney, represented the Nine in their court case. The group was found guilty and offered a choice of paying a fine of $100 or going to jail for 30 days of hard labor. The group opted for the labor, which galvanized protesters nationwide and gave the Southern Christian Leadership Committee (SCLC) the necessary boost needed to ramp up protests. The Nine only served 28 days. They were let go early because prison officials didn't want the national press to cover their story on the grounds of the prison farm where they were held. On Wednesday, Circuit Court Judge John C. Hayes III cleared the surviving members of the Nine. Hayes is the nephew of the man who convicted the nine in 1961. Author Kimberly Johnson wrote a children’s book about the men titled No Fear For Freedom, a huge part of how the Nine’s case was reopened. She met the Nine in 2011 and was inspired by their story. The only member of the Friendship Nine not to witness Wednesday’s news was Mr. McCullough, who passed away in 2006. The Friendship Nine are all retired from public work, and went on to have stellar careers in a variety of fields including business, education, science, and law. Finney, now a retired Supreme Court Justice, entered the motion to have the sentences thrown out. According to CNN reports, the 83-year-old Finney required help to stand as he delivered his opening remarks.

Did you know?

Claude Mckay, Langston Hughes, and Countee Cullen were three of the leading black poets during this time. Mckay was best known for his poems of social protest. Hughes produced poems about black life that experts now say are among the greatest American poems ever written.

Arturo Alfonso Schomburg

A Puerto Rican historian, writer, and activist in the United States who researched and raised awareness of the great contributions that Afro-Latin Americans and Afro-Americans have made to society. Aurthur was known as the “Sherlock Holmes” of Black History, and he was an important intellectual figure in the Harlem Renaissance.

Mel Blount

A prototype cornerback of his era and a major reason why the Steelers were the dominant team of the National Football League in the 1970s. A third-round draft choice of the Pittsburgh Steelers in 1970, he had ideal size, speed, and quickness, plus the toughness and mental ability to adjust his coverage tactics to rule changes that favored receivers. A Pro Scouts All-America as both a safety and cornerback at Southern University, Blount became a starter in the Steelers secondary beginning in 1972. That season, he didn’t allow a single touchdown. A fixture at right cornerback, Mel was equally effective playing either zone or man-to-man defense. Known for his rugged but clean style of play, his specialty was the “bump-and-run” pass defense. Because of his size and speed, he literally overpowered pass receivers. Midway through his career, however, the rules were changed making such harassment of a receiver illegal. Blount, a native of Vidalia, Georgia, wound up his career with 57 interceptions which he returned for 736 yards and two touchdowns. He intercepted at least one pass in all 14 NFL seasons and led the league in interceptions with 11 in 1975. Blount also was used as a kickoff returner early in his career. He wound up with 36 returns for 911 yards and a 25.3-yard average. He also recovered 13 opponents' fumbles, two of which he returned for touchdowns. Blount, who was named the NFL's most valuable defensive player in 1975 by the Associated Press, earned all-pro acclaim in 1975, 1976, 1977 and 1981. He also was a four-time All-AFC selection and played in five Pro Bowls. His fumble recovery in the 1979 AFC Championship Game led to the Steelers' winning touchdown in a 27-13 victory over the Houston Oilers. A season earlier in Super Bowl XIII, Blount's interception ignited a Pittsburgh drive that resulted in a go-ahead touchdown in a 35-31 victory over the Dallas Cowboys. He started in four Steelers' Super Bowl victories (IX, X, XIII, and XIV).

Who was the 1st African-American to earn a PH.D and to head a primarily white university?

Patrick Francis Healy (02/27/1830/1834 - 01/10/1910), as he was known, was born into slavery in Macon, Georgia, to the Irish-American plantation owner Michael Healy and his bi-racial slave Mary Eliza. Because of the law of slavery that children took the status of the mother, Patrick and his siblings were legally considered slaves, although their father was free and they were three-quarters or more European in ancestry.
Patrick was the third son of Mary Eliza and Michael Morris Healy, who had joined in a common-law marriage in 1829. After Patrick's father Michael bought his mother Mary Eliza, he fell in love with her and made her his common-law wife. Discriminatory laws in Georgia prohibited the education of slaves and required legislative approval for each act of manumission, so Michael Healy arranged for all his children to leave Georgia and move to the North to obtain their educations and have opportunities in their lives. They were raised as Irish Catholics.
Micheal Healy sent his older sons first to a Quaker school in Flushing, New York. Patrick Healy became ordained as a Jesuit priest, and taught at Holy Cross for a time before traveling abroad for further study. In 1865 Healy received a PH.D from the University of Luvain in Belgium and joined the faculty of Georgetown University in Washington, D.C.. In 1873 he was named the 29th President of Georgetown University. He was the 1st African-American to head a primarily white university. Healy was buried on the school's campus after his death in 1910.

Side Note: His brother James Augustine Healy became the country's 1st African-American Catholic bishop.