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To: absalom01
I don't think any error in the citizens arrest statue ultimately matters. Neither trespassing nor stealing a hammer is a felony, and any prior thefts would not have been within the immediate knowledge or presence of the defendants anyway.

Also, the right to arrest does not include the right to use or threatened to use deadly force for the commission of a non-violent crime. So, while the defendants arguably would have had the right to go up to Arbery and simply grab him, they never had the right to point a gun at him to compel him to stay in their custody.

Harmless error on the instruction.

74 posted on 11/23/2021 10:58:25 AM PST by Bruce Campbells Chin
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To: Bruce Campbells Chin

Well, burglary is a felony, regardless of the value of anything stolen, or even if nothing is stolen at all. As I understand it, that’s really at the legal crux of the matter: did they have legal standing to attempt to effect an arrest at all.

The reasonableness of the use of force has to be seen in light of the legality of the attempted arrest, at least as I understand the matter.


89 posted on 11/23/2021 11:36:47 AM PST by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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