Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: bort

“Yes. Next, did they have a right to impede him, detain him, ask him to stop, and even arrest him?”

Actually, no.

“O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest

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.”

Arbery didn’t commit a felony and neither father or son had seen him do so nor did either have immediate knowledge that Arbery had committed a felony. At worst, Arbery committed a misdemeanor. In Georgia, burglary
is a felony while trespass is a misdemeanor.


88 posted on 05/09/2020 7:05:32 PM PDT by Armscor38
[ Post Reply | Private Reply | To 12 | View Replies ]


To: Armscor38

Burglary does not require that something is stolen, only that there is an intent to steal. If Arbery entered that building with the intent to steal, that is burglary. And, as has been alleged, Arbery had been suspected of previous break-ins, perhaps were items were stolen.


94 posted on 05/09/2020 7:21:51 PM PDT by Repealthe17thAmendment
[ Post Reply | Private Reply | To 88 | View Replies ]

To: Armscor38
Yes. Next, did they have a right to impede him, detain him, ask him to stop, and even arrest him?”

Anyone can ask someone to stop. It is not illegal to do so.

100 posted on 05/09/2020 7:42:33 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
[ Post Reply | Private Reply | To 88 | View Replies ]

To: Armscor38

Respectfully, you are wrong. A citizen arrest requires PROBABLE CAUSE that a felony was committed. It is irrelevant whether a felony was actually committed. For example, if a woman comes out of her house screaming “that man raped me,” and I go track him down, I did not see the rape, and if it later turns out that she lied, I still had probable cause to arrest because I had knowledge that a felony had been committed. In this case, the illegal entrance on the property, the rash of recent break ins referenced by the defendants and the neighbor as to this same house, and the decedent ‘s sprinting out of the house, and doing so right in front of the defendants, is probable cause under the common law, which is enshrined in the GA statute you reference.


119 posted on 05/09/2020 9:22:54 PM PDT by bort
[ Post Reply | Private Reply | To 88 | View Replies ]

To: Armscor38

Oh, and an additional point: There was no ARREST!! So all these posts about citizens arrests are irrelevant.


120 posted on 05/09/2020 9:27:05 PM PDT by bort
[ Post Reply | Private Reply | To 88 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson