they like parades in the N Ga area
Ellijay Robbery Foiled By Locals
- Thread starter TresMonos
- Start date
We love getting that Atlanta money. Fleece’em coming up on Friday and goin’ back on Sunday. Helps keep the property taxes down.
It's false imprisonment.
Here's what they changed:
Georgia General Assembly
Georgia General Assembly, is one of the largest state legislatures in the nation. The General Assembly consists of two chambers, the House of Representatives and the Senate.
Against another's "imminent" use of unlawful force. What is imminent when the perpetrator ceases robbing?
How was a forcible felony imminent after his robbery was stopped by the good Samaritans?
Lines 77-95 spell out under what conditions you can detain someone.
Especially line 77. A private person may detain an individual if such private person is:
Not you and not the good Samaritans.
The law before Act 264 (formerly HB 479) said private detectives and security guards had citizen's arrest powers. That statute was repealed by Act 264. Now a private detective or security guard can arrest if the arrest is "needed in the performance of his or her business conducted in conformance with" the chapter on licensing security guards and private detectives.
There are no arrest powers other than for police in Georgia law now. Instead, Act 264 provides for an authorization for certain persons, in certain circumstances, to "detain."
Article 5 of the bill gives the
A private person may detain an individual if such private person is:
(1)
(2)
. . .
or
(5) A licensee or registrant under Chapter 38 of Title 43 when needed in the performance
of his or her business conducted in conformance with such chapter.
So, restated another way,
"A private person may detain an individual if such private person is: . . . A licensee or registrant under Chapter 38 of Title 43 when needed in the performance of his or her business conducted in conformance with such chapter."
*Source: I lifted much of this analysis form attorney Ed Stone's comments on HB 479.
Honestly the law was written in haste to appease a small group of the population, and instead hurt people. Four idiots were involved in a stupid situation. Three in jail and one dead. It was an isolated incident and should have been treated as one, but politicians saw opportunity and took advantage of it. The law encourages people to do nothing for fear of prosecution. Good people will never let a law stop them from doing the right thing.
Yes, Blairsville, Blue Ridge, Young Harris, all terrible places. I'd probably look at going south.
It's false imprisonment.
Here's what they changed:
Georgia General Assembly
Georgia General Assembly, is one of the largest state legislatures in the nation. The General Assembly consists of two chambers, the House of Representatives and the Senate.www.legis.ga.gov
Against another's "imminent" use of unlawful force. What is imminent when the perpetrator ceases robbing?
How was a forcible felony imminent after his robbery was stopped by the good Samaritans?
Lines 77-95 spell out under what conditions you can detain someone.
Especially line 77. A private person may detain an individual if such private person is:
Not you and not the good Samaritans.
The law before Act 264 (formerly HB 479) said private detectives and security guards had citizen's arrest powers. That statute was repealed by Act 264. Now a private detective or security guard can arrest if the arrest is "needed in the performance of his or her business conducted in conformance with" the chapter on licensing security guards and private detectives.
There are no arrest powers other than for police in Georgia law now. Instead, Act 264 provides for an authorization for certain persons, in certain circumstances, to "detain."
Article 5 of the bill gives thearrest powersdetention powers, the only ones now existing, of "private persons," a term nowhere defined but presumably intended to mean not a certified peace officer. Article 5 contains a new statute, OCGA 17-4-80, and subsection (b) of that new code section provides the circumstances in which a "private person may detain." See line 77. Note the word "if" followed by a list. Note the word "or" after the second to last item in the list. See line 93.
A private person may detain an individual if such private person is:
(1)
(2)
. . .
or
(5) A licensee or registrant under Chapter 38 of Title 43 when needed in the performance
of his or her business conducted in conformance with such chapter.
So, restated another way,
"A private person may detain an individual if such private person is: . . . A licensee or registrant under Chapter 38 of Title 43 when needed in the performance of his or her business conducted in conformance with such chapter."
*Source: I lifted much of this analysis form attorney Ed Stone's comments on HB 479
in those 6 minutes before the police arrived, i wonder if they were sitting on him or something- or if he just gave up but didn't try to walk away till the police tried cuffing him. If 3 people were pointing guns at me, id say i wouldn't take a chance of moving, even though it seems he could legally have just walked off?It's false imprisonment.
Here's what they changed:
Georgia General Assembly
Georgia General Assembly, is one of the largest state legislatures in the nation. The General Assembly consists of two chambers, the House of Representatives and the Senate.
Against another's "imminent" use of unlawful force. What is imminent when the perpetrator ceases robbing?
How was a forcible felony imminent after his robbery was stopped by the good Samaritans?
Lines 77-95 spell out under what conditions you can detain someone.
Especially line 77. A private person may detain an individual if such private person is:
Not you and not the good Samaritans.
The law before Act 264 (formerly HB 479) said private detectives and security guards had citizen's arrest powers. That statute was repealed by Act 264. Now a private detective or security guard can arrest if the arrest is "needed in the performance of his or her business conducted in conformance with" the chapter on licensing security guards and private detectives.
There are no arrest powers other than for police in Georgia law now. Instead, Act 264 provides for an authorization for certain persons, in certain circumstances, to "detain."
Article 5 of the bill gives thearrest powersdetention powers, the only ones now existing, of "private persons," a term nowhere defined but presumably intended to mean not a certified peace officer. Article 5 contains a new statute, OCGA 17-4-80, and subsection (b) of that new code section provides the circumstances in which a "private person may detain." See line 77. Note the word "if" followed by a list. Note the word "or" after the second to last item in the list. See line 93.
A private person may detain an individual if such private person is:
(1)
(2)
. . .
or
(5) A licensee or registrant under Chapter 38 of Title 43 when needed in the performance
of his or her business conducted in conformance with such chapter.
So, restated another way,
"A private person may detain an individual if such private person is: . . . A licensee or registrant under Chapter 38 of Title 43 when needed in the performance of his or her business conducted in conformance with such chapter."
*Source: I lifted much of this analysis form attorney Ed Stone's comments on HB 479.
In committee, all the politicians involved were warned multiple times by multiple attorneys about the bill's deleterious effects on good Samaritans. They and Kemp had full knowledge of what the bill would do to innocents. I and many others wrote several senators and representatives multiple times warning them that one day good people would end up being prosecuted by an overzealous DA. They dismissed the warnings and passed the bill as-is. The police unions knew exactly what this bill would do and gave their enthusiastic blessing.
It gives police a virtual monopoly on arrest power, removes that power from ordinary citizens and subjects those citizens to arrest, prosecution and imprisonment. The NAACP was blissfully delighted with Kemp, despite the prospect of this law hurting good Black men who might summon the courage to detain evildoers in the future. The goal of this law is to make Georgians more dependent on the state for their safety and security, thus, making politicians and police unions more powerful while the ordinary citizen withers.
Ya don't mess with Mountain Folks!!!
My baby din du nuffin, he wuz gonna be a arkiteck
