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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 720033" data-attributes="member: 2426"><p>Yes. If you witness a crime, you can detain the person committing the crime. If you witness a felony in progress, you can pursue the person who committed the felony and detain them.</p><p></p><p>With that said, you need to be certain that you are witnessing a crime. If what you witnessed ends up not being a crime, you can be charged with false imprisonment. If the person you detain ends up not being charged, they could file a civil lawsuit against you even if it <em>could </em>have been a crime that they <em>could </em>have been charged with. Trespass in Georgia has some legal limits. Just entering a property isn't trespass. People entering basically have to have been on notice that the owner doesn't want them on the property. Just because you <em>think </em>they might be trespassing could open you up to criminal or civil penalties if you are wrong about the statutes. Use caution about using force against other people even if you think they might have committed a crime.</p><p></p><p>With <em>that </em>said, if you see someone snatching a purse from an old lady, beating a child (not just a slap to the butt, but actually beating), or a violent rape in progress, by all means stop the crime and hold the perpetrator until police arrive. If I were on a jury, it would be difficult to convict someone if they took action because they saw such a thing in progress. If someone were violently raping a child, it would be difficult for me to convict a person of stopping them, even if they used more force than necessary. I think I would be a little over zealous in my attempt to stop such a thing, and the perpetrator might end up with some injuries.</p><p></p><p>EDIT: The statute I posted is from Georgia. The laws are different in different states. Some allow citizen's arrest more liberally than Georgia, and some don't allow it at all. I don't know, but I don't see a jury convicting someone of anything even in states that don't allow it for stopping an egregious crime in progress.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 720033, member: 2426"] Yes. If you witness a crime, you can detain the person committing the crime. If you witness a felony in progress, you can pursue the person who committed the felony and detain them. With that said, you need to be certain that you are witnessing a crime. If what you witnessed ends up not being a crime, you can be charged with false imprisonment. If the person you detain ends up not being charged, they could file a civil lawsuit against you even if it [I]could [/I]have been a crime that they [I]could [/I]have been charged with. Trespass in Georgia has some legal limits. Just entering a property isn't trespass. People entering basically have to have been on notice that the owner doesn't want them on the property. Just because you [I]think [/I]they might be trespassing could open you up to criminal or civil penalties if you are wrong about the statutes. Use caution about using force against other people even if you think they might have committed a crime. With [I]that [/I]said, if you see someone snatching a purse from an old lady, beating a child (not just a slap to the butt, but actually beating), or a violent rape in progress, by all means stop the crime and hold the perpetrator until police arrive. If I were on a jury, it would be difficult to convict someone if they took action because they saw such a thing in progress. If someone were violently raping a child, it would be difficult for me to convict a person of stopping them, even if they used more force than necessary. I think I would be a little over zealous in my attempt to stop such a thing, and the perpetrator might end up with some injuries. EDIT: The statute I posted is from Georgia. The laws are different in different states. Some allow citizen's arrest more liberally than Georgia, and some don't allow it at all. I don't know, but I don't see a jury convicting someone of anything even in states that don't allow it for stopping an egregious crime in progress. [/QUOTE]
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