Except they had reasonable suspicion that he was committing a felony
What felony?
Entering into a property with the intent to commit burglary is a felony in the state of Georgia
The property had suffered a string of illegal entries and burglaries with the prime suspect being identified via video surveillance
You're trying to defend a mentally retarded Street criminal so you're going to have a hard time
Establishing intent is more than saying he must be up to something. Especially when other entered the same property and did not have the police called right?
Three other people entered the same property that day. Why didn’t the McMichaels set off in pursuit of the whites?
If someone would have confronted the white people who entered the property and they tried to throat punch the citizen they would be allowed to defend themselves just like they are with a black person
You're so desperate to interject a racial trauma narrative it smacks of a childish attempt to steer the conversation away from the simple facts
Me? You claim in one post that it was a justified citizens arrest. We point it it wasn’t. You scream old English law. We point out Georgia Law. You deny a citizens arrest was attempted. We point out that without it there was no reason to pursue. You deny the pursuit. Then you start back on the citizens arrest.
You have thrown every excuse you can think of to justify their actions. You denounced the lawyers. You denounced the laws. You accused Georgia of creating precedence at the behest of Oprah nearly thirty years ago to justify the arrest. As if someone went in and just pretended those decisions had been made.
In one reply they are in the middle of the road greeting neighbors. In another they are stopping Al Capone.
Jesus. Get your story straight and perhaps we can do more than find rationalities for your multiple posts on black brain disease. Idiot.
LOL
I can't tell if you're playing stupid or really are...
I noticed you don't want to talk about all the opportunities he had to escape or the attempted arrest of Michael Brown
Ok. Tell me what Michael Brown has to do with the laws concerning citizens arrest in Georgia. And I’ll explain why you are wrong.
just pretend the Michael Brown incident happened in Georgia
How many years would you want to give the shopkeeper for attempting to illegally imprisoning mr. Brown
remember the shopkeeper did not witness a felony
You still haven’t read the laws I keep posting have you?
apply your interpretation of GA law to the brown incident
I don’t have to put my interpretation. It was already covered in the Georgia BAR link I provided. In fact. I posted the relevant text. You of course did not read it. You refuse to consider anything except nonsense.
So I will make it simple. Especially simple for you. If the McMichaels had stayed home and minded their own damned business they would not be under arrest now, held without Bond, and looking at a minimum of 20 years in Prison.
How come you don't have the courage to apply your interpretation of the law to the Michael Brown incident?
According to your interpretation of the law since the shopkeeper did not witness Michael Brown commit a felony and attempted to illegally imprison him by occluding his path and trying to shut the door he is guilty of multiple felonies and should go straight to prison
Your cowardly perverted interpretation of Georgia law would put this little old man in prison for many years simply because he tried to stop a thug (who just a few minutes later was killed attacking a police officer) from robbing a small amount of cigarillos
looks like checkmate
As I said before that does not require my interpretation. It was literally covered in the Georgia BAR description of Georgia Law and Citizens arrest.
I’m going to repost it. To help you out scooter.
Citizen’s arrest most often hap- pens in cases like shoplifting, when the store’s manager detains the suspected offender. How- ever, as the following example shows, the man- ager or employee cannot make such an arrest in every case.
In Winn Dixie Stores Inc. v. Nichols, a Winn Dixie customer complained to management that another customer stole her wallet.1 The court
held that the limited rights of merchants to de- tain or arrest a person reasonably believed to have committed a shoplifting offense do not authorize a merchant to detain or arrest indi- viduals accused by store patrons of committing crimesagainstotherpatrons.Tomakethearrest, an employee would have had to actually see the criminal act committed. Therefore, it was ruled that management had no authority to arrest the alleged criminal. The court suggested that the only person who could have made the citizen’s arrest was the robbed customer herself.
When making a citizen’s arrest, a person may not use more force than is reasonable to make the arrest. Deadly force is limited to self-defense or to instances in which such force is necessary to prevent certain felonies.
So under Georgia Law the Shopkeeper would have been authorized to effect a Citizens Arrest. However. That does not help you or the McMichaels.
To effect a Citizens Arrest in Georgia you must have first hand knowledge of the crime. And equally as important. You must be empowered to effect the arrest.
Let’s give you an example. Let’s say I see someone taking things from my neighbors house. I can call the cops. I can yell Hey at them. But I can take no action to stop them legally. My Neighbor can. But I can not. I do not have the authority to stop them from stealing from anyone but me. If I was employed or had a power of attorney to watch my neighbors house that would give me to authority.
The McMichaels had neither. They were not employed nor authorized in writing to do anything. All they could do is call the cops by law. Oh they could have taken some pictures. But pursue and attempt to detain? Nope.
Using your example of Mike Brown. Let’s say the Shopkeeper left the store. Another person a customer sees Mike Brown taking the Cigarillos. The other person sets off in pursuit and tries to stop Mike Brown. That third party person would commit a crime in doing that. They have no authority to effect the arrest.
Georgia law strictly limits the power of Citizens Arrest. Who and under what circumstances they may do so. I know he is a thief don’t cut it.
That is why I said I didn’t have to interpret the scenario. A shopkeeper is literally mentioned.