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BigGuy

AndyC1911 wrote: ↑Wed Nov 24, 2021 6:28 pm Can't claim self-defense if one initiates the conflict; quite the reverse and one automatically becomes the assailant, so Arbery therefore had the right to defend himself by attempting to disarm the son.

Every video I've seen seems to show predators chasing a guy who was doing nothing wrong. The same law of self defense that applied to Kyle Rittenhouse also applied to Mr. Arbery. Unfortunately, he wasn't armed and didn't survive the attack.

BigGuy

Jeff B. wrote: ↑Wed Nov 24, 2021 2:26 pm https://lawofselfdefense.com/ahmaud-ar ... ly-guilty/

Look here, breaks down the felony murder.

Jeff B.

OK, Thanks. That make is a bit more clear.

BigGuy

Rafe wrote: ↑Wed Nov 24, 2021 1:37 pm Verdict:

Travis McMichael
Count 1, Malice Murder: Guilty
Count 2, Felony Murder: Guilty
Count 3, Felony Murder: Guilty
Count 4, Felony Murder: Guilty
Count 5, Felony Murder: Guilty
Count 6, Aggravated Assault: Guilty
Count 7, Aggravated Assault: Guilty
Count 8, False Imprisonment: Guilty
Count 9, Criminal Attempt to Commit a Felony: Guilty

Greg McMichael
Count 1, Malice Murder: Not Guilty
Count 2, Felony Murder: Guilty
Count 3, Felony Murder: Guilty
Count 4, Felony Murder: Guilty
Count 5, Felony Murder: Guilty
Count 6, Aggravated Assault: Guilty
Count 7, Aggravated Assault: Guilty
Count 8, False Imprisonment: Guilty
Count 9, Criminal Attempt to Commit a Felony: Guilty

William Bryan
Count 1, Malice Murder: Not Guilty
Count 2, Felony Murder: Not Guilty
Count 3, Felony Murder: Guilty
Count 4, Felony Murder: Guilty
Count 5, Felony Murder: Guilty
Count 6, Aggravated Assault: Not Guilty
Count 7, Aggravated Assault: Guilty
Count 8, False Imprisonment: Guilty
Count 9, Criminal Attempt to Commit a Felony: Guilty

Can somebody explain why there are multiple counts of Felony Murder?

BigGuy

Paladin wrote: ↑Tue May 11, 2021 8:10 am Some info on Texas law, pertinent to citizens and security officers:

If you detain a suspect in an incident, it may be considered that you have placed him under citizen’s arrest.

This can only be done if it’s quickly followed up by a call to the police with the intention to remand this person into police custody.

Arrest

An arrest is defined by article 15.22 of the Code of Criminal Procedure and states that: A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

Black’s Law Dictionary defines arrest as: “To deprive a person of his liberty by legal authority.”

In simple terms an arrest is a form of lawful control by one person over the actions of another.

An arrest, in Texas law, is “The apprehension or detention of another in order that he may be forthcoming to answer for an alleged or supposed crime.“
An arrest may be made by a peace officer or a private citizen.
To deprive someone of their liberty or freedom of movement may be viewed as an arrest.

For an arrest to be lawful, acceptable and without immediate liability, it must result in the legal apprehension or detention of a person.

It must be done with the intention of presenting the person to a magistrate to answer for an illegal crime.
For an arrest to be lawful, acceptable and without immediate liability, it must result in the legal apprehension or detention of a person.
It must be done with the intention of presenting the person to a magistrate to answer for an illegal crime.

IF YOU, BY COMMUNICATION OR OTHER MEANS, MAKE A PERSON FEEL THAT THEY ARE NOT FREE TO GO, THEN YOU HAVE ARRESTED THEM.

CCP Chapter 14

CCP (14.01a) allows any person to make an arrest without a warrant under certain circumstances.

Including:

(1)When a felony is committed within the view of the person making the arrest.

(2)When an immediate breach of the peace is committed within the view of the person making the arrest.

(3)Preventing consequences of theft.

Detainment – Arrest

Security officers are not obligated or required to make an arrest!

Officer’s Responsibility

You may be right at the scene when a violation occurs, but you do not have to make an arrest.

Thanks for this.

BigGuy

03Lightningrocks wrote: ↑Mon May 10, 2021 9:23 pm
Soccerdad1995 wrote: ↑Mon May 10, 2021 5:00 pm
philip964 wrote: ↑Mon May 10, 2021 4:40 pm https://news.yahoo.com/gov-kemp-set-rep ... 29969.html

Citizens arrest law repealed in Georgia.

A citizens arrest is probably a bad idea anyway.

Not something I would want to do.
I agree that it is a bad idea for a casual observer to try to arrest someone they see committing a crime, where the observer is not a victim of the crime.

But I also think the devil is in the details here. The article says that businesses can still detain people, presumably with force, and that licensed security officers can also detain people.

To me, a key question would be whether a regular homeowner could detain an intruder until police arrive, including the use of force to do so. Or would this be unlawful under the revised law?
I don't see Citizens arrest action in the same category as self defense or a a castle doctrine action. In the first situation one is attempting to make an arrest after seeing a crime. In the second situation one is utilizing self defense when the crime is against them. Maybe I am wrong, I am not an attorney and did not sleep at a Holiday Inn last night.

First of all, I am not a lawyer. The great wisdom I'm about to dispense comes from a 3 day class I took a couple of years ago. So, here goes.

I believe the term "Citizen's Arrest" is a misnomer that could lead to some unfortunate decisions. From what I remember from my Level III security class is that citizens (and that's what commissioned Security Officers are) have no arrest powers. Any citizen may detain another citizen for sufficient reason. (I'm still pretty vague on what is a "sufficient" reason) I know that in my case I never get physical or attempt to detain without physical threat to me or those entitled to my protection. If somebody doesn't follow the rules, I ask them to leave. If they refuse, I call the police.

Even in the case of theft, I won't go hands on. I'll try to bluff them into surrendering and take them to a holding room until the police arrive. If they run, I'll be a good witness. I have NO qualified immunity. I'm not an employee of the state. That's not cowardice. In court I'll be judged by a jury that doesn't understand I'm not a cop and will hate me with the same passion reserved for police. They will hear that the boy I took down has severe injuries and was a good boy trying to turn his life around. That black eye proves brain damage because this Rent-a-cop thought he had authority.

Once a citizen detains another citizen, they must immediately notify a constable. (Police Officer) The constable will determine whether or not an arrest is warranted. And if the detaining citizen doesn't have a justifiable reason for the detainment, they may be the one arrested.

And I at least have a license that should provide a reason for my actions. A regular citizen won't even have that. Remember what an angle Travon Martin was. I'm not in hurry to be the next George Zimmerman.

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