01-16-2022, 11:30 PM
(01-16-2022, 11:13 PM)username Wrote: But tell me how exactly they attempted to carry out a legal citizens arrest?
When Can a Private Citizen Make an Arrest?
Most states authorize private citizens to make arrests if the suspect:
has actually committed a felony, or
is committing a breach-of-the-peace misdemeanor in the presence of the citizen. Whether a misdemeanor breaches the peace is typically a case-by-case determination—for example, illegally carrying a firearm might qualify. (But it's generally not a good idea to try to personally arrest someone carrying a gun!)
While state laws vary, many states require the citizen to turn over the suspect to the police without delay. (The citizen cannot take justice into his or her own hands.)
Not the best quote I could find but they didn’t do that. Their actions were unreasonable.
Here's the initial prosecutor's report. Worth a read, IMO.
https://int.nyt.com/data/documenthelper/...d/full.pdf
Here's the Georgia statute re citizen arrests:
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.
It dates back to the Civil War, and was definitely in need of updating, being very broad and ambiguous.