-
ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info
Gov. Kemp says repeal citizens arrest law
- Thread starter GAgunLAWbooklet
- Start date
There is no statutory police arrest powers in Georgia.
They can detain for suspicious activity (reasonable ARTICULABLE suspicion) For example a non LEO cannot stop some one for weaving on the highway, (RAS) but a LEO can.
Before a LEO or non LEO can arrest they have to have PC (probable cause) that that person actually committed a crime.
I’m going from memory, but PC is the knowledge of a crime commited in that persons presence or he developed knowledge that a person had actually committed an arrest-able offense.
The same standard applies to a “citizen” if he wanted to arrest someone.
These two yahoo’s only had second hand suspicion, this did not amount to PC, so their actions were illegal. I doubt a stop without a more would stand up in court if an LEO had detained him.
They can detain for suspicious activity (reasonable ARTICULABLE suspicion) For example a non LEO cannot stop some one for weaving on the highway, (RAS) but a LEO can.
Before a LEO or non LEO can arrest they have to have PC (probable cause) that that person actually committed a crime.
I’m going from memory, but PC is the knowledge of a crime commited in that persons presence or he developed knowledge that a person had actually committed an arrest-able offense.
The same standard applies to a “citizen” if he wanted to arrest someone.
These two yahoo’s only had second hand suspicion, this did not amount to PC, so their actions were illegal. I doubt a stop without a more would stand up in court if an LEO had detained him.
Clear example of defense of habitation, not citizen's arrest.
Even the police cannot shoot a fleeing felon unless the felon presents a danger to the public or the offier, the police cannot shoot someone who has only committed a crime against property, the police cannot make a warrantless arrest for a misdemeanor unless it was committed in their presence (and a couple of other exceptions)
The two yahoos used "citizen's arrest" as their excuse - using the above standards the above DA will blow them out of the water in court, especially the older one with 30 years experience of LEO. I suspect the first questiion the DA asks is "what part of your LEO training taught you to use deadly force against someone who you only had articulable suspicion committed a property crime." Second question will be, "what information did you have that rose to the level of probable cause", then the games will begin. Was he carrying a weapon? Did he represent a threat to the public? Did he represent a threat to you? Did he represent a threat to your son? Why did your son arm himself for the specific purpose of chasing down someone who you thought might be committing a property crime on someone's else property? You worked with Glynn County PD for 30 years, what did you expect their response time to be? How long did it take for you to load your weapons into your truck and chase down the deceased? Where in the citizens arrest law does it say you can accost and pull a weapon on someone who is lawfully using a public street? Was Mr. Arbury lawfully using a public street when you attempted to detain him? Was he committing a crime when you accosted him with displayed weapons? Based on your 30 years LEO experience and work with DA, articulate the probably cause you had to detain Mr. Arbury. Was he displaying a weapon? Why did your son exit the vehicle with a shotgun if Mr. Arbury was unarmed? There were two of you, and you are a trained LEO, why was a weapon required to detain Mr. Arbury? Were you prepared to shoot him if he ran off? On what basis? If not, why was the display of weapons necessary? And so on.
You are right. I think that’s the reason they’ve changed their proposed defense to “fear for their life or great bodily harm” But I doubt it would work any better.
16.4.21 was amended to 17.4.20
From the video I saw it was perfectly clear that these two guys were attempting a citizens arrest. I don't know about the third guy following in a pickup truck just videotaping things, but those 2 that were chasing him, brandishing a shotgun, clearly were NOT trying to just murder him, or shoot him in the back for simply running away.
That's obvious.
The shooter was trying to detain Arbery at gunpoint, which is a type of citizens arrest (although probably an illegal one under the circumstance. Like it or not, that's what the redneck white guy was trying to do! And we on websites like this who are commenting about it need to understand there's a difference between doing something the correct way and not trying to do it at all. These guys were trying to do it, a citizens arrest, but they did it wrongly.
Anyhow, the white guys didn't shoot the black guy until the black guy lunged at one of the armed white men and tried to take his shotgun away.
That action is far different from merely running away, refusing to stop, and disregarding the white mens' orders.
This was not in my house but on my property and down my driveway so, no. As soon as the perp began to run, HB 479 would make it illegal to arrest.
It is a bed rock law that you can resists an illegal arrest with what ever force is necessary.
From the tone of your post, it sounds like you are condemning the victim, and excusing the aggressors.
I know it’s hard to impart tone in text, but that was my take.
2 wings of the same beast..
