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Archery1

philip964 wrote: ↑Tue May 19, 2020 3:16 pm https://www.washingtonexaminer.com/news ... ideo-shows

Police attempt to tase Ahmaud in park in 2017 video shows.

Hmmm.

I imagine this video, like the other, is going to more damage to the accused than help. Does everyone who sits in a park allow LE to order them out of their car and submit to a vehicle search? No, not without probable cause. Is "his veins are popping on his chest" enough cause to call back up LE, tase attempt, and order on ground. This police force ain't looking too good in the eyes of the public.

Archery1

oljames3 wrote: ↑Tue May 19, 2020 10:38 am Law of Self Defense is live now on Facebook. Ahmaud Arbery: Propaganda & Cop Video: May 19, 2020 10:40am.https://www.facebook.com/LawofSelfDefense/

I've looked at this guys comments and suggestions, which seems to be more clap-trap, armchair, legal analysis. It makes no useful sense to me.

How can he just jump over a guy driving a truck, a guy in back bed, over 4 minute follow and several cut-offs of a man running/jogging, and then they meet him in the road, stopped in direct confrontation standing with a gun displayed, and then say with a straight face that there might be some self-defense argument for the shooter.

He states: "Unless they affirmatively do something unlawful to communicate that apprehension, that apprehension is Arbery’s speculation, and that’s on Arbery." I'd say they communicated well every form of apprehension in Arbery. He wouldn't have had to speculate anything.

Archery1

parabelum wrote: ↑Mon May 18, 2020 11:21 am Why does it say “....during the commission of felony...” on the warrant? What felony?

The arrested individual commited murder during his commission of a felony, (to wit) Aggravated Assualt.

Archery1

srothstein wrote: ↑Thu May 14, 2020 1:20 pmThis has been one of the problems I have had when talking to people. Most want to judge the McMichaels based on what they "should" have done, not based on the law. I do not know Georgia law well enough to say that they were 100% legal, but from what has been posted on Georgia law, it appears to me so far that they probably are.

The problem they face is that the GA law on this has already been up to the GA Supreme Court on similar claim of citizens arrest involving a shooting. I believe more than once. Two factors of the GSC's rulings are not good for these guys. One, there's no allowance for use of unreasonable force to detain, and two, once LE is responding, there's no allowance to pursue to detain.

Archery1

03Lightningrocks wrote: ↑Tue May 12, 2020 1:06 pm
oljames3 wrote: ↑Tue May 12, 2020 12:17 pm GA law is different form Texas law in many respects. For example, the GA statute for "arrest by private persons" states that "A private person may arrest an offender if the offense is committed ... within his immediate knowledge." GA 17-4-60 has two conditions for non-felony arrest; presence or knowledge. It is either, not both. For felony arrest, it is "reasonable and probable grounds for suspicion."

GA 17-4-60 "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion."

In both GA and Texas law there are provisions that seem to allow actions that, while lawful, could easily lead to awful consequences.

Georgia’s citizens arrest statute:
§17-4-60 Grounds for arrest https://lawofselfdefense.com/statute/ga ... or-arrest/

Georgia’s felony burglary statute
§16-7-1. Burglary https://lawofselfdefense.com/statute/ga ... -burglary/

Georgia case law qualifying home under construction for felony burglary:
Smith v. State, 226 Ga. App. 9 (GA Ct. App. 1997) https://lawofselfdefense.com/law_case/s ... -app-1997/

Georgia case law qualifying tool shed for felony burglary:
Mezick v. State, 291 Ga. App. 257 (GA Ct. App. 2008) https://lawofselfdefense.com/law_case/m ... -app-2008/

And then there is Texas Penal Code 9.41 PROTECTION OF ONE'S OWN PROPERTY and 9.42 DEADLY FORCE TO PROTECT PROPERTY. In Texas, the law authorizes us to use force and deadly force in defense of mere property, under several restrictions. 9.04. THREATS AS JUSTIFIABLE FORCE provides that the "production of a weapon ... does not constitute the use of deadly force." Here in Texas, while it may be lawful to point a shotgun a trespasser, one could easily find oneself in awful legal difficulty for such action.

I only know enough about the law to know I need a lawyer to explain it to me. As we saw in Zimmerman's case and in Ferguson, MO, the facts will be come out slowly while the wild speculation and extreme views will be seen almost immediately.
Yeah, you keep reposting and saying that but aparently you are severely misinterpreting the laws on this. First, they did not see him doing anything wrong and had no first hand info that he had just done anything wrong. Suspicion of wrong doing does not qualify.

And, GA Supreme Court precedence which states this also has stated that unreasonable use of force to simply detain someone for LE is not allowed under citizens arrest law and that once LE is called to respond, there's no allowance to pursue with intent to detain.

Archery1

03Lightningrocks wrote: ↑Sun May 10, 2020 8:24 am
philip964 wrote: ↑Sun May 10, 2020 12:42 am https://www.dailymail.co.uk/news/articl ... lling.html

Armed black panthers protest in neighborhood where Ahmaud was killed.

New video showing man at construction site minutes before Ahmaud died.
Wow! The stills from the video of the man scoping out the house are obviously Ahmuad Arbery. Knowing that the distance from where Amuad lives to this location is far beyond a normal distance for "jogging" and now the video stills of him scoping out the construction sight, it sure looks like he was not simply "jogging" through the neighbor. Watching the video of the shooting, he does lunge at the guy with the shotgun, causing himself to be shot. My issue with all this from the start was these two chasing this Arbery character down rather than letting the cops handle it. If Georgia law states that a citizen can attempt an arrest if they suspect a person has committed a felony, these two Rednecks are legally good to go. Even if I disagree with what they did as a smart move. To be honest, I am beginning to get a bit bothered by the MSM trying to make this Arbery character into some kind of poor innocent jogger when it is pretty darn obvious from the video of him he was up to no good. It causes me to think that if the two rednecks were actually in the wrong, there would be no reason to make it look as if Arbery was simply jogging when he obviously wasn't just jogging. That tells me the MSM is trying to avoid admitting the two rednecks were within their legal rights of self defense according to GA. law.

When I was building my house, it was common to have folks "checking it out". Many times, I would find people from the neighborhood being nosy about the new construction or "looky loos" we call them. Heck, I've done the same in developments when I was looking to build. Is it right? No, but although it's a misdemeanor trespass, it's way common enough. I didn't shoot a single person, chase them with a gun, or anything like that. I made new friends.

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