(05-12-2020, 07:09 PM)jj82284 Wrote:

(05-12-2020, 03:53 PM)flsprtsgod Wrote: It's also irrelevant to this case. There was no mention of nor the proper circumstances for such an arrest.

Reasonable suspicion of a felony. 

Again, under GA law entering a dwelling with the intent to burglarize is a felony.  So in reality, Arbery didnt have to take anything for it to be a felony.  When he went into the house he checked to make sure no one was around.  When he exited the property he was confronted by another neighbor.  He didnt stay and explain that he was just checking out the crown molding.  He ran, fled the scene.  That's important because in GA if a suspect is fleeing, then you have a LOWER evidentiary ststandard to execute a citizens arrest.  

I think that fundamentally you and I have the same or at least a similar MORAL take on this.  I dont think it's right to pursue someone with deadly force as a private citizen for a property crime/ prowling etc.  I think these guys are over zealous "whatevers."   I'd even be open to amending the law to only include violent crimes for citizens arrest.  

That being said. How I feel shouldn't weigh on my interpretation of the GA law as written.

It's true, the standard gets lower if they're running.

"A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion."

The shooters didn't see him on anyone's property.  The resident who did see him in the home under construction could have had grounds for a citizen's arrest, *if* they saw Mr Arbery take something, or get cutting tools out, or heard Mr Arbery or one of his friends state an intent to steal.

Then he starts running.  At this point, the law says anyone can try to arrest him *if* they have reasonable and probable grounds, that is, *if* they heard from the neighbor that someone matching a specific description (not just skin color, also height and clothing) was exploring construction sites in a suspicious manner.  But the McMichaels didn't say that.  They just had a general idea that robberies had taken place recently, and no description of any suspect, as far as I've read.

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