Detaining someone for possible felony is not illegal.
In Georgia, from what I’ve found myself and from reading all that
SavannahMann hss posted on this and the other threads, the detainers must have witnessed a felony in progress or have *first hand knowledge of a felony in progress and when bringing lethal force to the citizens arrest they must be absolutely certain that if lethal force were to be used it must be reasonable and fit the crime. Detainers risk going to prison if guess wrong.
in this case there was no felony to be witnessed immediate to then shooting.
I have posted the law MULTIPLE times now. How damn difficult is it to read? There is no such requirement, you only need to SUSPECT a felony if someone is fleeing. In the police report they said they suspected a burglary - a felony.
The Fourth Amendment says that a person shall be secure in his person and papers from unreasonable search and seizure. But we find all sorts of excuses not to do this don’t we? Why? Isn’t it plain that this is prohibited? But the Courts find that each reasonable exception is another foundation for the next reasonable exception. And if the people demand a warrant, the cops go in anyway quite often. Why? Don’t they understand the simple words of the Amendment?
Because our Courts interpret the law. What does it mean, and how does it apply. I posted the words of an experienced Criminal Defense Attorney who said that the law you are reading, is not like that based upon precedence. But we already know that don’t we? The First Amendment says Freedom of Religion. But we would arrest a cult who was murdering people at midnight even if it was their religion wouldn’t we?
The law as interpreted means that the McMichaels do not have that defense. Or you could go and let a lot of people out of prison. Armed Robbers could claim that they were afeared for their lives and had to kill the clerk. They suspected the clerk was selling Cigarettes to underage people, which is a total crime.
Of course, leave it to an idiot to argue law with the cops, who enforce the law and who know it is illegal and wanted to arrest the McMichaels on the spot. The Lawyers who argue the Law and know what the courts have decided. And the Judges who have long ago decided what the law means and how it applies.