As we have witnessed, Oregon Governor Kate Brown has played a game with our constitution since COVID19 and I wanted to find out what can we do as citizens to arrest her. I found a few interesting details online.
From Quora, “Yes they can, depending on the circumstances. All law is based on circumstance and variable of the situation; it isn’t a rigid rock but more like a metal bar which can be bent and twisted. The federal government itself can issue a writ of quo warranto and remove that governor from authority if they believe he has acted outside of his authority, thus making him an individual and no longer a state representative. Governors can also still serve their functions from within prison, although to my knowledge this hasn’t happened in the US yet. Nothing would stop him from acting in full capacity as governor while as an individual he was serving time as a felon. Something similar happened once in France.”
“A governor who commits a criminal offense under federal law can certainly be charged with a crime. That would initiate the issuance of a warrant subjecting the governor to arrest by the US Marshall’s Service, although, more likely, the gov’s attorney would be able to arrange a less dramatic method of clearing the warrant, like making an appointment to appear either in court or at the prescribed custodial location.”
There have been cases around the world where a Governor was arrested and actually worked for the State while in jail. With that said, is it possible to grab the governor and make a citizen’s arrest? “Oregon law states that “a private person may arrest another person for any crime committed” in their presence if they have probable cause to believe the person under arrest has committed the crime.” Little is said about a governor in the Oregon law books, however, “In Washington three decades ago, U.S. Sen. Bob Packwood, R-Oregon, was carried feet first into the Senate chamber after Democrats ordered the arrest of Republican senators who were denying a quorum”
I think it depends on the local police and their allegiance to the Governor or the Constitution. In example, in Astoria, a man got 5 days in jail for citizen’s arrest attempt on Astoria mayor, according to the police chief. In this case, the Astoria police were on the Mayor’s side. Under current Oregon Law, a private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer. (2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255 (Use of physical force by private person making citizen’s arrest). [1973 c.836 §74].
So basically, no one has really attempted to arrest a governor of any state that I could find. If someone was going to do so, they would need to do it in numbers (more than one person) and make it public so the media is there recording the events. This would protect them from getting arrested or having evidence for a court case if in fact you or they or we are arrested.