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re: Verdict reached in Arbery trial

Posted on 11/24/21 at 2:00 pm to
Posted by Azkiger
Member since Nov 2016
23091 posts
Posted on 11/24/21 at 2:00 pm to
quote:

Even if you can separate the two sentences and not read them in light of one another (which the law usually requires), suspicion under this language requires at least some knowledge that something felonious took place for the suspicion to be reasonable and probable.


The second sentence modifies the first.

You can attempt a citizens arrest if the offense was committed in your presence or immediate knowledge.

If that offense is a felony, then you don't need it to have been committed in your presence or immediate knowledge. Reasonable and probably grounds of suspicion is enough.

Entering property with the intent to steal is a felony in GA.

Hence my question, which was more likely? That Arbery is a jogger or he was there trying to steal stuff?
This post was edited on 11/24/21 at 2:02 pm
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
266138 posts
Posted on 11/24/21 at 2:02 pm to
quote:


Entering property with the intent to steal is a felony in GA.



No evidence of this. Which is why they are going to jail for a long time. Good riddance.
Posted by the808bass
The Lou
Member since Oct 2012
114069 posts
Posted on 11/24/21 at 2:03 pm to
quote:

The second sentence modifies the first. You can attempt a citizens arrest if the offense was committed in your presence or immediate knowledge.


You’re still wrong. And you’ve been told you’re wrong. Yet you insist on being just absofrickinglutely stupid about it. It’s wild to watch.
Posted by AMS
Member since Apr 2016
6521 posts
Posted on 11/24/21 at 2:05 pm to
Just know that the judge jury prosecution and defense all disagree with your imaginary situation. No one argued what you say. None of them said they knew of AA doing anything wrong when they initiated confrontation. No matter what you say there are no facts backing your defense
Posted by Nurbis
Member since May 2020
1515 posts
Posted on 11/24/21 at 2:31 pm to
quote:

If that offense is a felony, then you don't need it to have been committed in your presence or immediate knowledge. Reasonable and probably grounds of suspicion is enough.

Entering property with the intent to steal is a felony in GA.


How can you prove intent to steal if nothing was stolen? Seems like that charge could only be applied after something was stolen. From everything I have seen, criminal trespass in Georgia is a misdemeanor even criminal trespass for an unlawful purpose is still listed as a misdemeanor. Only if damage is done in excess of $500 will it then possibly be upgraded to a felony. Granted, I have not read everything but that is what I could find with a small amount of searching.

If all you need is to believe a felony has been committed, without witnessing it and no knowledge of it, then how would you know who to stop for committing the felony? I don't think a black guy running through the neighborhood is reasonable suspicion of commission of a felony. Maybe if he was covered in blood or running while carrying multiple power tools but outside of that, I don't see it.
This post was edited on 11/24/21 at 2:33 pm
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