• If you are having trouble changng your password please click here for help.

Is it legal to pursue ?

I'm going to say if either of the kids were hit or killed by gunfire during the pursuit off the property of the homeowner, there might have been a different outcome for the homeowner. At first anyway, I think it would be sorted in court in the homeowners favor with a good attorney.
 
IS IT LEGAL TO PURSUE A Thief who just committed a felony level theft against you and is now running away to escape, and armed, but not actively threatening anybody (yet).

At this point, before you start chasing them do you have a right to begin that pursuit?

You think so? Then let me ask, for what goal is this chase?

Is it self-defense? (are you being threatened?)

Or is this to prevent a crime? (has the crime already been completed?)

If the crime has been completed, then are you doing a citizens arrest on this person?
( since three white guys chased and later killed a black guy that they thought was a thief, Georgia repealed its law on citizens arrests-- now the only citizens arrest scenario we have is something for store owners and state licensed security guards dealing with shoplifters.)
 
OCGA section 17 -4-60 was the code section dealing with a citizens arrest in general. It has been completely repealed and not replaced by anything in that same section of our law code

Though the legislature did throw a bone to the business community, creating new Code section 17 -4- 80, regarding a limited detention (not arrest ), but it is very limited only applying to certain private actors dealing with certain types of crimes.
 
IS IT LEGAL TO PURSUE A Thief who just committed a felony level theft against you and is now running away to escape, and armed, but not actively threatening anybody (yet).

At this point, before you start chasing them do you have a right to begin that pursuit?

You think so? Then let me ask, for what goal is this chase?

Is it self-defense? (are you being threatened?)

Or is this to prevent a crime? (has the crime already been completed?)

If the crime has been completed, then are you doing a citizens arrest on this person?
( since three white guys chased and later killed a black guy that they thought was a thief, Georgia repealed its law on citizens arrests-- now the only citizens arrest scenario we have is something for store owners and state licensed security guards dealing with shoplifters.)


HE WAS A THEIF, THOUGH
 
OCGA section 17 -4-60 was the code section dealing with a citizens arrest in general. It has been completely repealed and not replaced by anything in that same section of our law code

Though the legislature did throw a bone to the business community, creating new Code section 17 -4- 80, regarding a limited detention (not arrest ), but it is very limited only applying to certain private actors dealing with certain types of crimes.
There was no mention of trying to arrest. Just that they followed them. That is totally legal unless they used force to subdue or detain them.
 
OCGA section 17 -4-60 was the code section dealing with a citizens arrest in general. It has been completely repealed and not replaced by anything in that same section of our law code

Though the legislature did throw a bone to the business community, creating new Code section 17 -4- 80, regarding a limited detention (not arrest ), but it is very limited only applying to certain private actors dealing with certain types of crimes.
7bv4t5.gif
 
A while back in Columbus, GA an off duty deputy chased down a suspect who apparently was stealing his CD player from his personal vehicle at his residence.

During the chase he fired his duty weapon in the air and somehow the suspect ended up with a slug in his buttocks.

Deputy never got sued or charged
 
You can follow whoever you want to follow. However, it doesn’t give you legal justification to violate traffic laws or cause unsafe conditions.

Shooting back and forth from vehicles is frowned upon, in general. Off the top of my head, I don’t know of any LE agencies that don’t prohibit it. I’m sure there are some, especially in more rural areas.
 
Back
Top Bottom