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In reply to the discussion: Woman run over after calling police on couple having car sex [View all]Xithras
(16,191 posts)You can't just detain someone because you feel like it. In most states, you can't detain ANYONE unless you're making a citizens arrest, and those generally only apply to felonies. What she was doing may have risen to the level of false imprisonment.
You may be unhappy about a law being broken on your property, but your unhappiness doesn't give you the right to perform another crime to bring the people to "justice". If she'd used her head, she would have known that her legal rights limited her to simply recording the description of the people and vehicle plates.
And yes, if someone is illegally detaining you, you DO have the right to resist violently to gain your freedom. There is no legal obligation to submit to someone who is holding you prisoner without legal basis. The only real question here will be whether the force used was commensurate with the threat. It clearly wasn't, but I seriously doubt the driver will see any serious prison time. The driver has a number of potential defenses, most of which would wipe out any serious attempts to imprison them.