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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 716836" data-attributes="member: 2426"><p>Citizen's arrest in Georgia IS based on the citizen having direct knowledge of a crime being committed. It has to be committed in the presence of the person making the citizen's arrest. Probably cause isn't sufficient for a citizen's arrest, only immediate and direct personally derived knowledge of a crime.</p><p></p><p>A private citizen yelling stop is not a legal command that must be followed by the person being yelled at. If you yell at me, I can run if I want to. If I run from you, you are not a law enforcement official so you cannot take my running as a reason to follow and hold me.</p><p></p><p>You are combining and twisting many things to try to make it OK for a private citizen to detain someone who they didn't witness commit a crime. That in and of itself is actually false imprisonment, which is a felony. A private citizen attempting to make a citizen's arrest has to be very careful. If the citizen didn't actually see a crime in progress, they can be charged with false imprisonment. It doesn't matter if they thought that they did see a crime in progress, you don't get the protection unless a crime has been committed. It can't be maybe saw a crime, the statute requires both a crime to have been committed and for the person making the arrest to have directly witnessed it. Also, to chase someone to make a citizen's arrest the crime must be a felony.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 716836, member: 2426"] Citizen's arrest in Georgia IS based on the citizen having direct knowledge of a crime being committed. It has to be committed in the presence of the person making the citizen's arrest. Probably cause isn't sufficient for a citizen's arrest, only immediate and direct personally derived knowledge of a crime. A private citizen yelling stop is not a legal command that must be followed by the person being yelled at. If you yell at me, I can run if I want to. If I run from you, you are not a law enforcement official so you cannot take my running as a reason to follow and hold me. You are combining and twisting many things to try to make it OK for a private citizen to detain someone who they didn't witness commit a crime. That in and of itself is actually false imprisonment, which is a felony. A private citizen attempting to make a citizen's arrest has to be very careful. If the citizen didn't actually see a crime in progress, they can be charged with false imprisonment. It doesn't matter if they thought that they did see a crime in progress, you don't get the protection unless a crime has been committed. It can't be maybe saw a crime, the statute requires both a crime to have been committed and for the person making the arrest to have directly witnessed it. Also, to chase someone to make a citizen's arrest the crime must be a felony. [/QUOTE]
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