Citizen's arrest?

Discussion in 'GA Laws and Politics' started by Boy Racer, Jul 22, 2007.

  1. Boy Racer

    Boy Racer New Member

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    Is there such a thing in Georgia? Where can I read more about them?
     
  2. Rammstein

    Rammstein New Member

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    The short version:

    Yes, you can do it. No, you probably shouldn't try it.
     

  3. wsweeks2

    wsweeks2 New Member

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    As long as you're driving this you'll be okay:

    [​IMG]
     
  4. legacy38

    legacy38 Active Member

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    17-4-60
    17-4-61
    17-4-62
     
  5. Thorsen

    Thorsen New Member

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    You can do it. Opens you up to possibility of law suit though. I would never do so unless I absolutely had no choice and a felon would most likely escape otherwise.
     
  6. wsweeks2

    wsweeks2 New Member

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    After reading the code sections posted by Legacy, it appears that the only time you can perform a citizens arrest would be in the case of a felony - at which time you would have to take them to a peace officer, magistrate, etc within 48 hours.

    That's how I read it.
     
  7. Macktee

    Macktee New Member

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    MP is our resident expert on the subject......... he's done it a couple of times, :handcuffs: much to his wife's chagrin!




    [-X
     
  8. legacy38

    legacy38 Active Member

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    That's not my reading of it. The felony part has an "if" in front of it. It's been my experience that citizen's arrests are most common in shoplifting cases, but I don't know if that holds true across the board.
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I've done it more than once. :wink:
     
  10. ahlongslide

    ahlongslide New Member

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    Did you hold them for 47 hours and 59 minutes? :D
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Ha, ha! I missed this before I posted.
     
  12. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yep. :wink: Better make sure you are right when you do it.

    The only difference between a citizen's arrest and a law enforcement officer's "power of arrest" is:

    Warrants

    Traffic

    Immunity

    Shopkeepers get some measure of immunity, which is why those arrests are so common.

    If you do it, you better be right.
     
  13. wsweeks2

    wsweeks2 New Member

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    For shop owners, do they have to witness the person actually take the merchandise and leave the premises without the intent of paying for it, or is concealment enough in Georgia?
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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  15. wsweeks2

    wsweeks2 New Member

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  16. wwomack

    wwomack New Member

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    I had always thought you actually had to attempt to leave the premises before it was shoplifting. I guess technically I have committed shoplifting when putting a few packs of screws in my pocket till I got to the register at home depot. Oops.
     
  17. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Not in Georgia.


    Yes. I would not do that anymore.
     
  18. USMC - Retired

    USMC - Retired New Member

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    Why not? Home Depot will fire anyone that tries to stop you... :lol:
     
  19. ber950

    ber950 Active Member

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    When I was working security we were told that was the law, but most stores have an attempt to leave premises policy.

    BTW Opening the bag and starting to eat = concealment.
     
  20. Thorsen

    Thorsen New Member

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    I have managed big box retail stores for three different large retailers and they all had virtually identical corporate rules on shoplifting:

    (1) Employee could not stop the individual, only observe and call management
    (2) Person was asked by management if they would like to pay for the item they had concealed
    (3) Person was not asked to stop until they had passed the register lanes
    (4) At no time was the person held, grabbed or otherwise physically detained, if they cooperated you could escort them to an office or other place to await the police
    (5) If they continued to leave the building, you allowed them to do so and just took down their tag number for the police


    So basically, if someone wanted to steal from you and knew your corporate policy they could do so blatantly, ignore your command to halt and just walk out the building. By the time the police arrived they would be long gone and as catching a shoplifter is never that high on the police list of priorities they were basically home free.

    Rinse, repeat, profit.