Citizen’s arrest by off-duty Ronan officer upheld
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HELENA – The Montana Supreme Court ruled Aug. 5 that an off-duty Ronan officer’s 2012 citizen’s arrest of a man in Missoula was legal.
Martin Mulipa Iosefo appealed to the Supreme Court last year after he pleaded guilty to driving under the influence of alcohol. He was sentenced by the City of Missoula’s Municipal Court to one year in jail, with all but 10 days suspended.
The conviction resulted after Iosefo was detained by off-duty Ronan officer Mark Fiorentino on Aug. 26, 2012. According to court records Fiorentino had been hired by Black Knight Security to work as a guard at the River City Roots Festival that weekend.
Fiorentino witnessed Iosefo leave the festival through a parking garage and drive through yellow caution tape into a pedestrian area of the festival. Iosefo collided with a heavy plastic barrier and damaged the vehicle when he attempted to turn around.
Fiorentino tried to detain Iosefo and told the man to remain in his vehicle. Iosefo disobeyed, exited the vehicle, and began walking away. Fiorentino called police after he tried to detain Iosefo, who pulled away and started waving his arms.
Police arrived within minutes. During that time Fiorentino threatened to put Iosefo “on the ground” and at gunpoint, but was unsuccessful at keeping the man still. Missoula police arrested and charged the man.
After Iosefo was convicted in January 2013, he appealed the decision to district court, arguing that Fiorentino did not have probable cause or authority to make the arrest. Iosefo’s counsel compared Fiorentino’s arrest to vigilantism.
The district court upheld the lower court’s decision.
Supreme Court Justice Beth Baker wrote the high court’s affirmation of the two lower court’s decisions. In the opinion Baker noted that Montana law allows private citizens to arrest people if it is believed that the existing circumstances require an immediate arrest.
“Here, Iosefo’s dangerous conduct necessitated an immediate arrest,” Baker wrote. “ … Fiorentino’s threats served briefly to detain Iosefo under circumstances where he was being unpredictable, unruly, and potentially endangering other citizens as well as himself. The force used by Fiorentino was reasonable in this situation – we need not speculate as to the potential of threats by another citizen under the circumstances.”
