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re: The Truth About Ahmaud Arbery

Posted on 5/10/20 at 12:37 pm to
Posted by Music_City_Tiger
Nashville, TN
Member since Feb 2018
1087 posts
Posted on 5/10/20 at 12:37 pm to
quote:

did they witness the commission of a felony first hand or have "immediate knowledge" of this commission required by Georgia law?


It seems they did. 911 was called on the "jogger" being in a house that was under construction.
This post was edited on 5/10/20 at 12:38 pm
Posted by the808bass
The Lou
Member since Oct 2012
111704 posts
Posted on 5/10/20 at 12:38 pm to
quote:

It seems they did. 911 was called the "jogger" being in a house that was under construction.


That’s not the call from the McMichaels. And being inside the house wouldn’t definitely be a felony.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 5/10/20 at 12:42 pm to
quote:

It seems they did. 911 was called the "jogger" being in a house that was under construction.


IDC whether 911 was called, it all comes down to whether THESE TWO actually either witnessed the commission of a felony or had "immediate knowledge" of it to legally be in the clear

the perspective of a LEO:

quote:

There are two key issues with the McMichael’s claims of a citizen’s arrest. First, at best, the incident at hand was tantamount to a trespassing incident. No burglary took place on this date and time and therefore the “citizen arrest” in this instance is unlawful (see law above) as the crime committed was no longer taking place.


quote:

The statue above does not allow citizens to affect an arrest for anyone for a crime below a misdemeanor.


quote:

Now lets suggest the McMichael’s thought a burglary had just taken place. Is their platform solid? Even in law enforcement, officers must be careful about the action of detaining or arresting someone based on the crime at hand. We call it, “having a solid platform.” It isn’t worth the fight (literally) at the present moment or later in court (via civil lawsuits) to justify why you had to subdue the jaywalker with flurry of baton strikes. It’s not worth the battle. Now had the same use of force taken place against someone wanted for murder, then the battle is worthwhile.


quote:

The call to 911 made by someone among the McMichael’s party does nothing to defend the mindset that they believed a burglary had just taken place. At best it suggest suspicion of prior incidents.


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