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Discussion in 'In the News' started by rmodel65, May 2, 2020.
Second DA office recuses. Hands over to liberty county
So why did they shoot an unarmed man? Did he lunge at them to try to get one of their guns?
This looks bad. The statement was that they were effecting an arrest, the deceased attacked them, so they shot him in self defense.
The citizen's arrest aspect bears some examination. Did they, or did they not, have probable cause to make an arrest, and, if so, for what offense?
I do not see anything in the news reports that could be used to construct probable cause.
Those are news reports, of course. Facts and evidence need to be examined.
Without probable cause, the men who attempted the arrest are simply committing crimes, aggravated assault, false imprisonment, and attempted kidnapping.
In that case, the "attack" by the deceased is the act of self defense.
The shooting is not.
I am going to write a caveat here, and say that there could be lots of unreported facts and evidence that go into a decision to prosecute that are not being reported. I can comment only from what was reported, and I read all of the links above.
Seems at least a criminal trespass was involved. I find it very difficult to believe walking through a house under construction is not criminal if no doors or windows.
Can we fully trust what the family lawyer tells the media what to put into the article or broadcast to be totally factual? From my experience when the building permit is pulled and placed in the box the property is restricted to only those authorized to be there and trespass notice is posted. So yes it is criminal trespass to be on a property that is under construction. It does not warrant the death penalty though.
I find it hard to believe there are not some undisclosed facts that are preventing the arrest and prosecution of the persons involved. I doubt (as in it's not likely) the "good 'o boy" system could be at play...
"Burglary" of a building may require that the building be completed enough to serve as a shelter for goods. I don't know if it had to have doors or windows, but it certainly has to have a roof at least.
But burglary is not the only potential crime here. If somebody loiters around a construction site where they are building materials, it could quite possibly be reasonable to suspect that they are a thief intending to steal building materials- either to sell them use them directly or scrap them.
But, I am not aware of any authority for citizens to detain other private citizens and reasonable suspicion of a crime cops can do this because courts have eroded the constitution enough to give them this power, temporarily detaining people for questioning and investigation, but the courts have not given such power to citizens to use against each other.
A citizens arrest takes probable cause not a "reasonable suspicion."
Question for debate:
If, in some areas purple people only make up a small percentage of the population, but they make up the suspects /arrestees in a majority of some classification of crimes (say, "thefts") ...
... is it legitimate for private citizens to consider this ---color profiling-- when evaluating whether or not they can intervene in what they think, but are not completely sure, a purple person is doing that type of crime (e.g. "theft")?
Why does the Georgia NAACP call the father-son shooters "white supremacists" ??? Is there any evidence to support that?
Qualified immunity applies to retired cops also?
They do look a bit .................... suspicious, no?
You are a lawyer, right? Ever read Georgia's criminal trespass law? Maybe you should.
Qualified immunity only applies to civil rights cases. Civil rights cases only apply to government actors (with some limited exceptions). Retired cops are not government actors, so they can't be sued for civil rights violations in the first place.
Did one of the articles describe a struggle over the shotgun?
Yes from my reading of it. That is when the runner was shot.
From today’s AJC
”Online support for shooting victim surges”
Metro, Monday, May 4, 2020, pp. B1, B4
I think someone needs an education on the GA carry laws.
“Pursue and detain” is only for felonies, isn’t it?
Was. Currently recovering from the LAWbotomy.
Cannot. That would slow recovery.
If you're suggesting a citizen's arrest cannot be made for a misdemeanor, I don't think that's true. Regardless of the severity of the crime, though, the citizen must have probable cause.