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Ahmaud Arbery murder case
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<blockquote data-quote="RonJohn" data-source="post: 720573" data-attributes="member: 2426"><p>I am not a lawyer. I believe from previous posts that you are.</p><p></p><p>This discussion in the thread far back started with discussion of citizen's arrest. As I understand it, a private citizen must witness (in the immediate presence of) a crime before he can make a citizen's arrest. Also, it appears that if the citizen is wrong and no crime has been committed, then he is subject to being charged with false imprisonment. In this discussion people speculated that McMichael witnessed either trespass or a burglary. My understanding is that burglary requires entry to a dwelling with "intent" to commit a crime. I don't think McMichael could have seen Arbery commit a crime inside from his house, nor could he determine that Arbery's intent was to commit a crime. The trespass statute, per the previous discussion, wouldn't apply either. Arbery: didn't damage the property, didn't receive notice not to enter, didn't receive a request to leave, didn't interfere with the owner's use, and McMichael could not have known if he entered "for an unlawful purpose".</p><p></p><p>In short, I can't see any crime that McMichael had absolute knowledge of that would enable him to conduct a citizen's arrest. He didn't describe any such witnessed crime in his statement to the police at the scene. He and his attorney have probably been discussing this, and there might be some description of something forthcoming. However, based on his statements and all of the evidence that is available, I don't see anything that would have legally authorized him to chase and/or detain Arbery.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 720573, member: 2426"] I am not a lawyer. I believe from previous posts that you are. This discussion in the thread far back started with discussion of citizen's arrest. As I understand it, a private citizen must witness (in the immediate presence of) a crime before he can make a citizen's arrest. Also, it appears that if the citizen is wrong and no crime has been committed, then he is subject to being charged with false imprisonment. In this discussion people speculated that McMichael witnessed either trespass or a burglary. My understanding is that burglary requires entry to a dwelling with "intent" to commit a crime. I don't think McMichael could have seen Arbery commit a crime inside from his house, nor could he determine that Arbery's intent was to commit a crime. The trespass statute, per the previous discussion, wouldn't apply either. Arbery: didn't damage the property, didn't receive notice not to enter, didn't receive a request to leave, didn't interfere with the owner's use, and McMichael could not have known if he entered "for an unlawful purpose". In short, I can't see any crime that McMichael had absolute knowledge of that would enable him to conduct a citizen's arrest. He didn't describe any such witnessed crime in his statement to the police at the scene. He and his attorney have probably been discussing this, and there might be some description of something forthcoming. However, based on his statements and all of the evidence that is available, I don't see anything that would have legally authorized him to chase and/or detain Arbery. [/QUOTE]
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