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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 717267" data-attributes="member: 2426"><p>They didn't describe any to the police when the police arrived. If he had been shooting at neighbors don't you think they would have mentioned that to the police? They didn't even tell the police that they thought he was trespassing. They simply stated that their had been a rash of burglaries and that Arbery matched a video of the person who committed the burglaries. As I have stated before, you have to have personal knowledge of a crime to make a citizen's arrest in Georgia. To pursue and arrest a fleeing suspect, the crime has to be a felony. The McMichaels haven't described a crime they saw him commit just before the pursuit. In fact, the younger McMichael wasn't even outside to view any crime if one had been committed. As such, he could not legally make a citizen's arrest based on anything his father told him.</p><p></p><p>I wasn't asking you tell me what justification they legally had to pursue Arbery with guns. I asked you for any possible scenario you could imagine that would legally justified them pursuing him with guns. Since you are deflecting the request, I suppose you can't think of any possible scenario either.</p><p></p><p></p><p></p><p>A person can legally talk to anyone they want to, however under Georgia law you cannot detain anyone. If Arbery didn't want to stop and talk to them, he has no legal obligation to. If the McMichaels wanted to force him to stop, that is false imprisonment under Georgia law. </p><p></p><p>Being armed when confronting a possible criminal is a good idea. Having a gun in the open and confronting a possible criminal is not a good idea. If you approach a person, criminal or not, with a gun in your hands and you become agitated, that person can act in self defense. If you approach a person and he has a reasonable belief that you might harm him, he can legally shoot you. When I have carried a piston, my philosophy has always been that if in a confrontation, the other person would not see my firearm until I am in the motion of shooting him. Pure and simple, the only time the gun comes out of the holster is in the act of shooting someone.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 717267, member: 2426"] They didn't describe any to the police when the police arrived. If he had been shooting at neighbors don't you think they would have mentioned that to the police? They didn't even tell the police that they thought he was trespassing. They simply stated that their had been a rash of burglaries and that Arbery matched a video of the person who committed the burglaries. As I have stated before, you have to have personal knowledge of a crime to make a citizen's arrest in Georgia. To pursue and arrest a fleeing suspect, the crime has to be a felony. The McMichaels haven't described a crime they saw him commit just before the pursuit. In fact, the younger McMichael wasn't even outside to view any crime if one had been committed. As such, he could not legally make a citizen's arrest based on anything his father told him. I wasn't asking you tell me what justification they legally had to pursue Arbery with guns. I asked you for any possible scenario you could imagine that would legally justified them pursuing him with guns. Since you are deflecting the request, I suppose you can't think of any possible scenario either. A person can legally talk to anyone they want to, however under Georgia law you cannot detain anyone. If Arbery didn't want to stop and talk to them, he has no legal obligation to. If the McMichaels wanted to force him to stop, that is false imprisonment under Georgia law. Being armed when confronting a possible criminal is a good idea. Having a gun in the open and confronting a possible criminal is not a good idea. If you approach a person, criminal or not, with a gun in your hands and you become agitated, that person can act in self defense. If you approach a person and he has a reasonable belief that you might harm him, he can legally shoot you. When I have carried a piston, my philosophy has always been that if in a confrontation, the other person would not see my firearm until I am in the motion of shooting him. Pure and simple, the only time the gun comes out of the holster is in the act of shooting someone. [/QUOTE]
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