When you think about the hypothesis that you are presenting in a general application you end up with something along these lines: "One person can lawfully detain another unknown person who the detainer observes committing a felony. In addition a person can detain an unknown person who is not committing a felony simply by claiming that they believe that the person may have committed a felony at some point in the past and that they would have immunity from their actions by claiming they thought it was possible the person committed a felony."
There you go jumping to a false conclusion again, is this how you get your exercise?
Do you understand the term "reasonable belief?" That does not allow you to make up stories and detain people, that is not a reasonable belief by any stretch of the imagination. Try it and the police will happily cart you off to jail for kidnapping, and the prosecutor won't have any trouble winning a conviction.
Yes I understand reasonable belief which is why I agree that a person cannot attempt to unlawfully detain someone unless they have a "reasonable belief" that a felony has been committed.
Nothing in the information we have at t his point is that Zimmerman had ANY belief that Martin was committing a felony. Nothing in the dispatch call would lead a reasonable person to believe that Zimmerman had observed a felony, nothing in what has been released/leaked about his 5-6 hours with the police that night lead us to believe that he observed Martin committing a felony.
Are not you the one that said all that Zimmerman has to do is "believe"? How do we determine what Zimmerman "believes"?
Would there not have to be some type of corroboration? For example, in the example you previously proposed there would be evidence of someone hot-wiring a car. In the example later in this post you will proposed that a law enforcement officer identified someone as a felon.
Both examples you provide demonstrate behavior which a reasonable person can then conclude that the individual had a justifiable belief that the individual to be detained had or was committing a felony. Nothing Zimmerman indicated in the dispatcher call indicated Martin was doing anything felonious. Walking through a housing development is not a felony and Zimmerman described no actions which would qualify.
Presenting multiple possibilities that meet the known facts is what a scenario is. I've not attempted to manufacture any evidence, I've described possibilities that fit the evidence.
Very different.
Life is not a TV show where all the answers are arrived at in 44-minutes.
Presently the known evidence fits (not supports, fits) multiple theories, when new evidence is revealed then there are at least 3 possibilities: (a) one theory is confirmed, (b) all theories are rejected, (c) an existing theory is modified to account for the new evidence, (d) the evidence requires the creation of a totally new theory.
Although I like CSI when Bill Peterson was on, I prefer Sherlock Holmes when he said "When you eliminate the impossible, whatever remains--however improbable--must be the truth." I always liked that turn of phrase because it implies that you take the opposite approach from most people. Instead of examining evidence to come to a conclusion, examine the possibilities and use the evidence to exclude them.
In the example you provided (hot wiring a car) and individual was exhibiting a behavior consistent with a felonious act; hot wiring a car to steal it. Zimmerman, to our knowledge, ever indicated that Martin was performing a felonious act.
A reasonable person would believe, based on the word of a known law enforcement officer that, that the individual had committed a felony.
I assumed, which I know I probably should have done, that you understood the context would have applied to Zimmerman observing Martin. Guess I shouldn't have made that assumption.
If Zimmerman said Martin looked like he was attempting to hot-wire a car, to use your example, then it would be an entirely different matter. What this situation is though that we have Zimmerman attempting to follow Martin for nothing more that he was "he's walking around the area" and Zimmerman thinking he was "suspicious".
Zimmerman had every right to think Martin was suspicious. Since no evidence exist that indicates Zimmerman attempted to detain Martin, I have no idea why you keep trying to bring the discussion back to them. My point is still the same, you misinterpreted the law about citizen's arrests in Florida, just like you misinterpreted the law about use of force.
1. You wonder why I bring the discussion back to Zimmerman and Martin in a thread about Zimmerman and Martin? That seems a little odd.
2. I've said multiple times, MULTIPLE TIMES - that there is no evidence available to the public of Zimmerman attempting to detain Martin.
3. Since Zimmerman has made no indication during the dispatcher call that Martin's actions were in anyway felonious, there is no reason to assume he was attempting a lawful detention of Martin. Unless Martin was committing a felony, citizens arrest wouldn't apply, so if Zimmerman had tried to detain Martin it would have been unlawful.
4. I've not misinterpreted the law in Florida pertaining to citizen's arrest because I didn't bring up the law about citizens arrest. Since it was you that seems to be obsessing, as pointed out earlier, it's your responsibility to post the law that applies. To date I have not seen you link to the Florida Statues about citizen's arrest and so how can I misinterpret a law to which you've provided no link?
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