Who investigates the Kidnapped Sheriff? Assume the mob kidnaps the sheriff of a county of Colorado (18 USC 351 does not apply to the Sheriff, right?) and they never cross the state border. During the kidnapping, the mob's enforcers wound a deputy of the sheriff, but he survives (so 28 USC 540 doesn't apply, right?). Who is responsible for investigating this: FBI, Colorado State Police, or the Sheriff's department?
Because kidnapping is a violation of state law, the Colorado Bureau of Investigation would have jurisdiction to investigate. Assuming the crime occurred in the sheriff's home county, the undersheriff would take over and could also investigate. And if the sheriff is missing for more than 24 hours, federal law assumes that he was kidnapped using the instrumentalities of state commerce, giving the FBI jurisdiction to investigate, as well. Even before 24 hours, the fact that the mob acts as part of a criminal enterprise with an effect on interstate commerce, would also give the FBI jurisdiction to investigate under RICO.
While it is from a different jurisdiction, the following goes to the heart of the matter: Arrest, when used in its ordinary and natural sense, means the apprehension of a person or the deprivation of a person's liberty. The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. Directorate of Enforcement v Deepak Mahajan, (1994) 3 SCC 440 at ¶46 (SC of India) In your example, the police officer has been deprived of "personal liberty of movement"; if they can still speak there would be no legal impediment to them placing the person who arrested them also under arrest. It would then be incumbent on both parties to deliver each other into lawful custody. The citizen would need to seek out a law enforcement officer to do this; the police officer has already done so, being their own law enforcement officer. After this, comes the paperwork.
I'll use California penal code 837 as an example, though most other states have similar statutes: A private person may arrest another: For a public offense committed or attempted in his presence... 839 says: Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein. Generally, someone making an arrest is allowed to use &quot;reasonable force&quot; to effect the arrest. The question then becomes, is the act of interrupting a football game a public offense? Once a fan at a football game enters the field, assuming it is a violation of the license granted to the fan, they are trespassing. These fans are often drunk when performing their midfield dance so that is another public offense for which they could be arrested. Once arrested, the interloper must be turned over as soon as possible to a magistrate or peace officer. The person making the arrest is always subject to being sued. It is a question for a trier of fact to determine if unreasonable force was used in effecting the arrest. My guess is that in most of these cases security simply ejects the exuberant fan from the premises and the fan never looks back. If a lawsuit were to be filed it would be based on unreasonable force being applied during the arrest. California penal code 240 defines assault as &quot;an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.&quot; Certainly, one could be charged with assault in effecting a citizen's or private arrest but it would go back to the definition of reasonable force and what force was necessary to effect the arrest. If someone resisted arrest I think it more likely that that person could face an assault charge.
This story is plausible but the technical legal details are probably wrong. It is completely illegal to transport a pistol in a car in New York State if you do not fall into the list of exceptions § 265.01-b: A person is guilty of criminal possession of a firearm when he or she: (1) possesses any firearm or; (2) lawfully possesses a firearm prior to the effective date of the chapter of the laws of two thousand thirteen which added this section subject to the registration requirements of subdivision sixteen-a of section 400.00 of this chapter and knowingly fails to register such firearm pursuant to such subdivision. Since the question mentions the firearm locked in a glovebox I'm assuming it is a pistol. Comments have suggested and certain exemptions in the law suggest that there isn't a licensure or registration requirement for manual action long guns, but I have not found the specific section exempting them from the possession law. There is a long list of exemptions to the possession law in § 265.20, but the only one that could be applicable to a person just travelling through the state might be section 13: 13. Possession of pistols and revolvers by a person who is a nonresident of this state while attending or traveling to or from, an organized competitive pistol match or league competition... Notably, for a regular citizen they must have a New York State carry permit to possess a handgun, and their long guns must be registered with the state: 3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter or possession of a weapon as defined in paragraph (e) or (f) of subdivision twenty-two of section 265.00 of this article which is registered pursuant to paragraph (a) of subdivision sixteen-a of section 400.00 of this chapter or is included on an amended license issued pursuant to section 400.00 of this chapter. Neither applies to someone simply travelling through the state to another state who hasn't fulfilled the appropriate license or registry requirements. What may apply, however, is the federal Firearm Owners Protection Act, which in part codifies 18 U.S. Code § 926A: Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. The notwithstanding in this case preempts state law and affirms that transporting a firearm between two states that allow the person to carry that firearm cannot be a crime assuming they meet the statutory requirements on carrying the firearm and ammunition. However, he failed to meet those requirements by keeping the firearm in the glove box, which the federal law specifically does not protect. Therefore, NY State law is allowed to apply and he can be charged with possession without a license under NY State law. The part about whether or not he stayed overnight being a distinction may be a retelling error or conflating this law with similar state laws that allow transporting firearms that are inaccessible in the vehicle as long as the vehicle doesn't stop in the state beyond minor pit stops (e.g. for gas).
So, in England and Wales your son assaulted Mario. (From Wikipedia: "Assault is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence". I expect Mario expected your son was going to thump him, and that would certainly be unlawful.) You were both trespassers on the property; however it sounds like there was nobody there who could require you to leave, so that probably doesn't matter. Both of these would be true whatever the age of your daughter. Finally, in England and Wales, if you had forced your 16-year old daughter to come with you against her will, you would both have been guilty of kidnapping. (16 is the age at which children become independent in terms of deciding where to go.) She can choose to leave home and live with her boyfriend, and there is nothing you can do to stop her. Edit: The question did not originally mention a jurisdiction. This is an area where the legal situation is likely to be very jurisdiction dependent.
An officer is allowed to pull you over for speeding and then decline to give you a ticket for speeding. So the lack of a ticket has nothing to do with it (unless you actually weren't speeding, not even 1 MPH over.) Simply having past felonies, however, is not a reason for an officer to be able to search the car. Without a warrant, he'd need probable cause, consent, or some other exception to the warrant requirement. It's impossible for me to say what happened here. Maybe your husband had an outstanding arrest warrant? Maybe the officer saw the gun from outside the car? Maybe one of you said "OK" when he asked to search the car? Or maybe the search was illegal after all?
You don't know. You can't know. And you can't force the officer to tell you. Detention Status As a practical matter, you have no way of knowing if you are compelled to follow an officer's order because you are being detained unless the officer volunteers that information (your detention status) which they are not compelled to disclose and have every incentive not to disclose. Consider the situation when the officer does not have reasonable suspicion do detain you. If the officer instantly informs you that you are "free to go" then you are likely to leave and end the encounter immediately. However, if the officer says nothing, then you might stay and inadvertently say or do something that would give the officer reasonable suspicion to detain you from that point forward. Your behavior during that detention could lead to probable cause, arrest, etc. Every officer knows they have nothing to gain by being quick to tell you you are free to go. Deceptive Conduct To compound the issue, police encounters are particularly problematic because police officers have a lawful right to engage in deceptive conduct during an investigation including but not limited to lying. You, on the other hand, can be prosecuted for lying to the police conducting an investigation. (See this article for more information.) Hobson's Choice Therefore, all things considered, police encounters present a Hobson's Choice. Either comply with every order in an effort to end the encounter quickly. Or try to press the officer to determine whether you are "being detained" or "free to go." The former course of action voluntarily cedes some of your rights. The latter risks "provoking" the officer into making your encounter more difficult, painful or costly than it otherwise might be. Never Consent to Searches That said, you are never under any obligation to consent to a warrantless search of your home or vehicle. Typically, saying, "I do not consent to searches." is usually sufficient if asked. Evidence obtained from warrantless searches is barred from being used at trial unless you waive this right by consenting to the search. See this question (and answers) if you are concerned about the officer falsely claiming you gave consent if you didn't. Never Talk to the Police As a legal matter, talking to the police can never help your case in court. Anything you say to the police that might help your case (i.e., exculpatory) is not admissible as evidence because it's hearsay. On the other hand, anything you say to the police can and will be used against you. In fact, even if you are completely innocent of all crimes AND you are completely 100% truthful to the police, you can still give the police all they legally need to convict you of a crime simply by talking to them. Whereas, without your statement, they would not have had sufficient evidence to convict. See this Youtube video for more details and examples of how this can and does happen every day. Practical Matters The above analysis presents the reader with some practical concerns. You don’t want to risk being harmed by an officer in fear for his safety. You don’t want to be handcuffed and taken to the police station if you can avoid it. You must obey all unconditional commands of a peace officer. It does no harm to inform the officer that you are willing to comply with all unconditional legal commands and ask him or her if a given command is, in fact, unconditional. Some attorneys go in the opposite direction from the "never talk to the police" rule and advise that, say in the case of a domestic violence dispute, the best course of action is to answer police questions matter-of-factly, never lie and never admit guilt. That course of behavior can avoid a potential trip to the police station in handcuffs in the back of a police car even if you are never ultimately arrested. TL;DR: Police encounters are tricky. It's difficult to know what to do. The best course of action is to educate yourself about your rights and the law and apply judgment and common sense to guide your behavior to achieve the best outcome. I am not an attorney. I am not your attorney. This answer is not legal advice. Please consult an attorney to obtain proper legal advice.
(Lots of digging) https://www.revisor.mn.gov/statutes/cite/609.341 The above is a series of definitions for the purposes of criminal statues. Way down (noting that the page notes that this section was amended in 2021, so almost certainly in response to this case, given the amount of attention it has received), as subdivision 22, we have the definition: Subd. 22.Predatory crime. &quot;Predatory crime&quot; means a felony violation of section 609.185 (first-degree murder), 609.19 (second-degree murder), 609.195 (third-degree murder), 609.20 (first-degree manslaughter), 609.205 (second-degree manslaughter), 609.221 (first-degree assault), 609.222 (second-degree assault), 609.223 (third-degree assault), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 609.255 (false imprisonment), 609.498 (tampering with a witness), 609.561 (first-degree arson), or 609.582, subdivision 1 (first-degree burglary). Thus, it looks like your Minnesota government website is not complete. However, the above seem like the most likely crimes to warrant inclusion on the register. The prominent reason in this instance is the registration will hamper Chauvin from regaining employment as a police officer in Minnesota or any other state. Where I live, there are reports of &quot;problematic officers&quot; being &quot;shuffled&quot; between departments; this would explicitly prevent that.