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First, a citizens arrest can be made for a misdemeanor. I have read multiple cases from the Georgia appellate courts on that issue. The non-lawyers who are commenting are misreading the statute. Second, probable cause is a very slight standard. The McMichaels were aware that this particular house had been targeted on previous occasions. The strongest point for the McMichaels on the issue of probable cause is the fact that the deceased sprinted out of the home as fast as he could, once he was spotted by the neighbors. That certainly raises a presumption that he was in the house for criminal purposes. The elder McMichael also said he could identify the fleeing suspect as the guy who had committed prior crimes.

Next, the media reports are in accurate as to prior incidents. The police report references four prior police reports involving this neighborhood, two of which occurred in December. The media only researched police incidents that were reported since January 1. Secondly, the owner of the victimized house apparently has heart problems and lives in a different city. He told the media that’s why he did not report prior incidents. Further, the neighbors indicated that many of the thefts occurred out of unlocked cars. These types of crimes are often not reported to police Finally, the neighbor who dial 911 told the operator that the house has been the subject of previous burglaries.