Posted on Jul 14, 2020
Citizens arrest law under discussion in Georgia state House after Arbery shooting
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Posted 4 y ago
Responses: 4
I don't think any change in law would have altered this outcome.
Making murder more illegal?
I don't think those two were even remotely trying to be good citizens.
Maybe the evidence will say something different, but from what we've seen, this looks pretty cut and dried.
Making murder more illegal?
I don't think those two were even remotely trying to be good citizens.
Maybe the evidence will say something different, but from what we've seen, this looks pretty cut and dried.
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This wasn't a citizen's arrest. To make a citizen's arrest in Georgia, the person purporting to make the arrest must be able to show that the "offense is committed in his presence or within his immediate knowledge."
They didn't have an offense, period, and a private citizen doesn't get to detain people for investigation.
They didn't have an offense, period, and a private citizen doesn't get to detain people for investigation.
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1SG (Join to see)
Supposedly they saw Arbery trespass, but I agree in principle. I don't think an "arrest" was what they were doing at all.
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Capt Gregory Prickett
1SG (Join to see) - going into a home under construction doesn't meet the requirements for trespass in Georgia. The owner never notified him not to be on the property, there wasn't a building that was enclosed, nor any fence. You didn't even have trespassing.
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SSG (Join to see)
Capt Gregory Prickett - I was wondering where the "Citizens Arrest" was coming from. I came across it in an article of the third person, who recorded the encounter, was arrested. That is where I found out that the suspects were trying to use that as a positive defense.
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Capt Gregory Prickett
SSG (Join to see) - the two bozos apparently formed their own "vigilance committee" of two...
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LTC David Brown
Capt Gregory Prickett - as I often say, we shall see. I do not believe private property is open to inspection by folks wandering around, including construction sites. We will see what happens in court.
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Capt Gregory Prickett
LTC David Brown - it depends on the state law, and the way that the statute is written, Arbery didn't violate it.
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