The Case Of Little Tommy Terror

“An unjust law itself is a species of violence. Arrest for it breaches is more so” (Mahatma Ghandi). Police forces have outlined what it takes to make an arrest. There are many rules and regulations they must follow because if they should happen to make any mistakes it could cost an officer their job or jail time. Complicated situations cause for critical thinking and proper steps to prevent mistakes such as putting lives at risk or impeding on someone’s constitutional rights. As the first police officer responding to a call it is their responsibility to assess the situation and see what they can or will do. As the responding police officer in the circumstances of Little Tommy Terror, Mr. Jones, Mrs. Terror, and Senator Smith I would ensure
The following scenario starts off with a young male by the name of Little Tommy Terror. Little Tommy Terror is an eight-year-old male who enjoys creating graffiti art while Mr. Jones is a retired older gentleman who would prefer a clean neighborhood. One-day Mr. Jones views graffiti displayed on a block wall and as he looks around he notices Little Tommy Terror walking past the area with a can of spray paint. Mr. Jones assumed Little Tommy Terror committed the crime and decided as a private citizen to grab Tommy Terror with the intent to arrest him. Before he could say anything, Mrs. Terror happened to drive by and view that Mr. Jones had his hands upon her child. She called the police and approached Mr. Jones which led to an argument. While driving by the commotion Senator Smith became distracted and hit Little Tommy Terror with his vehicle. In distraught and panic the senator drove away from the
Jones was acting as a private citizen, his grounds for arrest have not met the requirements by the law’s standards. “In general, people can’t use citizens arrests for misdemeanors unless the misdemeanor involves a breach of the peace” (Thomson Reuters, n.d.).” Mr. Jones had reasonable suspicion that Little Tommy Terror created the graffiti because Tommy Terror was by the block wall and possessed the spray paint but if that were presented in court it would be considered a misdemeanor and private citizens cannot make an arrest for a misdemeanor unless it involved a breach of the peace which Tommy Terror did not do because he was simply walking. Before Mr. Jones could make a formal arrest, he was interrupted by the mother and then Senator Smith hit Little Tommy with his car. If Little Tommy Terror were to be found innocent this could make Mr. Jones liable for Tommy being hit by the car. Mrs. Terror could request to have Mr. Jones placed under arrest for assaulting a minor or she may possibly want to take him to civil court. That would be a long investigation to find out which path would be best taken in the courts eyes. While settling that dispute there is still the matter of dealing with Senator Smith for running over Little Tommy