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Someone explain the difference between a lawful attempted citizens arrest vs unlawful?
Posted on 11/24/21 at 2:37 pm
Posted on 11/24/21 at 2:37 pm
Not saying that it’s smart to attempt one in most circumstances, but does anyone know what turns a lawful citizens arrest attempt into an unlawful act?
How is kidnapping vs citizens arrest differentiated?
How do you maintain an arrest at the point where the suspect is retaliating and may cause you to harm him in order to prevent bodily harm to yourself?
Are you only allowed to attempt a citizens arrest if there’s 100% hardcore proof the suspect committed the crime? Or is confidence a crime was committed or circumstantial evidence enough?
How is kidnapping vs citizens arrest differentiated?
How do you maintain an arrest at the point where the suspect is retaliating and may cause you to harm him in order to prevent bodily harm to yourself?
Are you only allowed to attempt a citizens arrest if there’s 100% hardcore proof the suspect committed the crime? Or is confidence a crime was committed or circumstantial evidence enough?
10
Posted on 11/24/21 at 2:39 pm to FlexDawg
quote:
How is kidnapping vs citizens arrest differentiated?
Well for starters, if you are kidnapping, I am guessing you aren't going to see the Popo.
Posted on 11/24/21 at 2:40 pm to FlexDawg
quote:
Someone explain the difference between a lawful attempted citizens arrest vs unlawful?
Someone explain to Flexdawg how to use Google.
Posted on 11/24/21 at 2:41 pm to FlexDawg
I can’t describe it in legal detail but I can give you a compare and contrast:
1. You see man shoot another man in the back. Citizens arrest - lawful.
2. You see a dude running down the street. Citizens arrest - unlawful.
Edit: You really need to have seen an unlawful act committed. Even in Medieval times, when citizens arrest became a thing, a private citizen needed to proof of an unlawful act to detain someone.
1. You see man shoot another man in the back. Citizens arrest - lawful.
2. You see a dude running down the street. Citizens arrest - unlawful.
Edit: You really need to have seen an unlawful act committed. Even in Medieval times, when citizens arrest became a thing, a private citizen needed to proof of an unlawful act to detain someone.
This post was edited on 11/24/21 at 2:43 pm
Posted on 11/24/21 at 2:43 pm to BamaGradinTn
quote:
Someone explain to Flexdawg how to use Google.
Google: “how do I ignore things I don’t like”
Posted on 11/24/21 at 2:46 pm to FlexDawg
quote:
Are you only allowed to attempt a citizens arrest if there’s 100% hardcore proof the suspect committed the crime? Or is confidence a crime was committed or circumstantial evidence enough?
Pretty much the first one. And it needs to be during the act as well.
People are idiots and have confidence in a lot of things that are wrong.
If you are going with 2 you will most likely need some compelling reasons to present to the jury if things go badly
This post was edited on 11/24/21 at 2:47 pm
Posted on 11/24/21 at 2:49 pm to FlexDawg
Specific to the Arbery case, from my understanding, 2 pieces missing were that the person making the arrest needs to witness the event.
And they need to properly identify to the person they're arresting what they are doing.
Neither of those happened as I understand the Arbery case, so it seemed like a pretty simple guilty verdict IMO.
And they need to properly identify to the person they're arresting what they are doing.
Neither of those happened as I understand the Arbery case, so it seemed like a pretty simple guilty verdict IMO.
Posted on 11/24/21 at 2:51 pm to UndercoverBryologist
Also the act That you witness has to be a felony
Posted on 11/24/21 at 2:51 pm to FlexDawg
In the Aubrey case, the applicable law apparently required the actual witnessing of the crime itself, not mere suspicion.
This post was edited on 11/24/21 at 2:56 pm
Posted on 11/24/21 at 2:54 pm to FlexDawg
My understanding:
Must seen or have evidence they are committing or just committed s crime.
Must be able to identify what you're arresting them for and make it known to them what's going on and why they're detained.
As a general rule, it doesn't involve chasing people out on the streets with guns. You are simply detaining them till the police arrive to address the crime you saw or have evidence of.
Must seen or have evidence they are committing or just committed s crime.
Must be able to identify what you're arresting them for and make it known to them what's going on and why they're detained.
As a general rule, it doesn't involve chasing people out on the streets with guns. You are simply detaining them till the police arrive to address the crime you saw or have evidence of.
Posted on 11/24/21 at 2:59 pm to udtiger
quote:
n the Aubrey case, the applicable law apparently required the actual witnessing of the crime itself, not mere suspicion.
Greg McMichael was a cop. Maybe he isn’t the world’s best expert on the law, but he should have known enough to tell Travis that they were acting outside the law. I just don’t understand why he allowed the chase to continue.
Posted on 11/24/21 at 3:03 pm to FlexDawg
Depends on the state.
Some states don’t allow it at all.
Like Georgia
Some states don’t allow it at all.
Like Georgia
Posted on 11/24/21 at 3:05 pm to FlexDawg
Posted on 11/24/21 at 3:05 pm to the808bass
quote:
Depends on the state.
Some states don’t allow it at all.
Like Georgia
Georgia only repealed citizens’ arrest AFTER the Arbery murder. The defendants were held to the standard of the law AT THE TIME of the killing, which still didn’t allow them to do what they did.
Posted on 11/24/21 at 3:05 pm to FlexDawg
A good rule of thumb would be if you have to question it whatsoever in your mind "should I do this? Just not positive here"......don't do it.
Posted on 11/24/21 at 3:09 pm to UndercoverBryologist
quote:
Georgia only repealed citizens’ arrest AFTER the Arbery murder. The defendants were held to the standard of the law AT THE TIME of the killing, which still didn’t allow them to do what they did.
Correct. So unless you’re committing a citizen’s arrest in the past, what I said is correct.
Posted on 11/24/21 at 3:12 pm to the808bass
There probably should be a role for citizens’ arrest in the law, so maybe Georgia’s repeal was a tad bit of overkill.
But then again, ignorant people like these defendants seem to think it gives them the right to play vigilante. So maybe the general population is too stupid to be entrusted with the power of citizens’ arrest?
But then again, ignorant people like these defendants seem to think it gives them the right to play vigilante. So maybe the general population is too stupid to be entrusted with the power of citizens’ arrest?
Posted on 11/24/21 at 3:13 pm to the808bass
Arkansas Code 16-81-106 states clearly "a private person" can make an arrest where there's "reasonable grounds for believing the person arrested has committed a felony."
thv11.com
thv11.com
Posted on 11/24/21 at 3:13 pm to smh4wg
quote:
Arkansas Code 16-81-106 states clearly "a private person" can make an arrest where there's "reasonable grounds for believing the person arrested has committed a felony."
Yeah i think that puts all 3 in jail in Arkansas as well.
Posted on 11/24/21 at 3:22 pm to crewdepoo
quote:
Also the act That you witness has to be a felony
I don’t think that’s true in North Carolina. I saw Gomer make a citizens arrest on Barney for making an illegal u turn.
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