Replies

No presence.
No immediate knowledge.
No felony
Try again.

The McMichaels were present when Arbery was in the structure, when it was being recorded, and when Arbery came out and bolted down the road.

There need not be any felony committed.

2018 Georgia Code
Title 17 - Criminal Procedure
Chapter 4 - Arrest of Persons
Article 4 - Arrest by Private Persons
§ 17-4-60. Grounds for arrest Universal Citation: GA Code § 17-4-60 (2018)
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.

Were there reasonable and probable grounds of suspicion of the felony of second degree burglary? Felony second degree burglary does not require a taking, but requires an intent to commit theft. Suspicion does not require a firm belief.

2018 Georgia Code
Title 16 - Crimes and Offenses
Chapter 7 - Damage to and Intrusion Upon Property
Article 1 - Burglary
§ 16-7-1. Burglary
Universal Citation: GA Code § 16-7-1 (2018)
(c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.

Were there reasonable and probable grounds to suspect second degree burglary, a felony? The elder McMichael was an investigator, recently retired, for the DA's office and likely knew of Arbery's record for attempted theft. No crime need have actually been committed. The Georgia statute only requires suspicion.