Can I draw my gun and make a citizens arrest
Posted: Wed Jul 27, 2011 10:55 pm
One of my friends was scammed last weekend. There was a discussion about what could have been done, I suggested a person could have drawn on the men and made a citzen's arrest until the police arrived. We all pretty much agreed that the only one arrested would have been the person who drew the gun.
But I wasn't sure. So all of you armchair lawyers please chime in. You will also learn a valuable lesson on one way not to get scammed.
My friend just bought a house and was moving in town. They went to the internet to find their mover, after looking at references and reviews on the web they found Olympic Movers a nationwide company based in New York. Went to the website got a local phone number and contacted them. They quoted $500 for the move and set up a appointment to make the move. (He is young and doesn't have much stuff yet and most of it is not very valuable)
The two moving guys arrived one with a clip board. He filled in their names on a contract and had them sign it. The name was not Olympic Moving at the top so he called the phone number and the guy said he had overbooked that weekend and that they were his subcontractors and he had used them a lot so everything would be fine. He didn't read all the fine print at the bottom and signed the form (contract)
They packed up and moved the truck to the new location. When they arrived the man with the clip board said that they would need to pay now before they unloaded and said he needed $2000 in cash.
What, it was suppose to be $500 and why cash? Well that's what the contract had said. $500 was only for the basic move and they got $50 for everything they wrapped in bubble wrap and since the wrapped 30 items in bubble wrap they got an additional $1500 per the contract. If they did not pay, and in cash right now they would take everything to a warehouse and it would be unloaded and stored and it would be even more to get it then. Per the contract in seven days they could sell everything.
My friend said they would call the police. The man encouraged them to do just that. The police will do nothing it is a civil matter, we have a contract. He called the phone number to complain and the man said he would cover the additional amount and to just pay them, he would refund the additional charges.
They thought about just letting the guys have the stuff, but did not want to loose their computer. So they scrambled and got the cash and the two men unloaded everything and left.
They obviously have a bad taste in their mouths and feel so stupid. Since the weekend they have found the website is what as known as a mirror site and is not related to Olympic Movers. They don't have the names of the two guys or even a receipt for the cash. The local phone number won't talk to them anymore.
If they had called the police, the men may have left with their stuff as the police don't respond immediately to this sort of thing. They could have photographed the license plate of the truck, to track someone down.
So could you have called the police and if they tried to leave could you have drawn and made a citizens arrest?
These obviously are crooks (hard working ones though) or maybe just scammers, the other concern would be they were big, tough dudes and could have been carrying (and legally too). They also could have been exactly right, this is a civil matter the police will not get involved, unless you maybe pulled your gun.
My friend also realizes he was lucky. Other people in Houston have paid a lot more than $2000 to get their stuff back.
http://www.khou.com/news/Fort-Bend-Coun ... 77434.html" onclick="window.open(this.href);return false;
But I wasn't sure. So all of you armchair lawyers please chime in. You will also learn a valuable lesson on one way not to get scammed.
My friend just bought a house and was moving in town. They went to the internet to find their mover, after looking at references and reviews on the web they found Olympic Movers a nationwide company based in New York. Went to the website got a local phone number and contacted them. They quoted $500 for the move and set up a appointment to make the move. (He is young and doesn't have much stuff yet and most of it is not very valuable)
The two moving guys arrived one with a clip board. He filled in their names on a contract and had them sign it. The name was not Olympic Moving at the top so he called the phone number and the guy said he had overbooked that weekend and that they were his subcontractors and he had used them a lot so everything would be fine. He didn't read all the fine print at the bottom and signed the form (contract)
They packed up and moved the truck to the new location. When they arrived the man with the clip board said that they would need to pay now before they unloaded and said he needed $2000 in cash.
What, it was suppose to be $500 and why cash? Well that's what the contract had said. $500 was only for the basic move and they got $50 for everything they wrapped in bubble wrap and since the wrapped 30 items in bubble wrap they got an additional $1500 per the contract. If they did not pay, and in cash right now they would take everything to a warehouse and it would be unloaded and stored and it would be even more to get it then. Per the contract in seven days they could sell everything.
My friend said they would call the police. The man encouraged them to do just that. The police will do nothing it is a civil matter, we have a contract. He called the phone number to complain and the man said he would cover the additional amount and to just pay them, he would refund the additional charges.
They thought about just letting the guys have the stuff, but did not want to loose their computer. So they scrambled and got the cash and the two men unloaded everything and left.
They obviously have a bad taste in their mouths and feel so stupid. Since the weekend they have found the website is what as known as a mirror site and is not related to Olympic Movers. They don't have the names of the two guys or even a receipt for the cash. The local phone number won't talk to them anymore.
If they had called the police, the men may have left with their stuff as the police don't respond immediately to this sort of thing. They could have photographed the license plate of the truck, to track someone down.
So could you have called the police and if they tried to leave could you have drawn and made a citizens arrest?
These obviously are crooks (hard working ones though) or maybe just scammers, the other concern would be they were big, tough dudes and could have been carrying (and legally too). They also could have been exactly right, this is a civil matter the police will not get involved, unless you maybe pulled your gun.
My friend also realizes he was lucky. Other people in Houston have paid a lot more than $2000 to get their stuff back.
http://www.khou.com/news/Fort-Bend-Coun ... 77434.html" onclick="window.open(this.href);return false;
