(05-10-2020, 09:57 AM)JagNGeorgia Wrote:

(05-10-2020, 06:05 AM)The Real Marty Wrote: Lots of reasonable takes in this thread.  

The way I see it, if we allow civilians, non-police people, to pull a gun on someone in a public area and make a citizen's arrest, based on suspicion, then it's open season on everyone.   That's a bad situation.  Someone can approach you in a public area, pull a gun, and tell you that you are under arrest?  And they don't need to have a badge or authority of any kind?   If that's the law, then they need to change the law.

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It appears he walked into a home under construction, and walked back out a few minutes later without stealing anything.  Heck I've done that myself many times.  Sometimes I'm curious about what the inside of the house is going to look like.  

By the way, stopping and looking inside a house under construction doesn't mean he wasn't out jogging.  He might have just stopped to have a look.

Based on what I know, I don’t believe it was justified. However, walking in that home was illegal, and I’d bet money that his intention wasn’t just to look around. In georgia, the crime wouldn’t actually be trespassing but instead loitering and prowling or burglary. So, if those two guys saw him do this, then they did see him commit a crime, and they would be justified in detaining him under citizens arrest. 

There’s a lot missing from this and I don’t think it’s a modern day lynching.

I don't know the answer to these questions, so maybe someone can answer: 

Is it legal to make a citizen's arrest by force?   
Is it legal for a private citizen to pull a gun on someone and forcibly detain them?  
If one makes a citizen's arrest at gunpoint, and the suspect resists, is it legal to shoot them?  
Is "I was making a citizen's arrest" a valid defense if there is a conflict and someone gets shot and killed?

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