Gov. Kemp says repeal citizens arrest law

[Malum Prohibitum]

From what I saw in the bill it didn't look like it would change your ability to detain someone who had committed a felony. It seems to be limited to misdemeanors and property crimes.

Sigh. Read it again. It repeals all of 17-4-60, 61, and 62. These are all of the statutes authorizing a citizen's arrest. They would be gone. I have no clue where you got this silly idea that the repeal is limited to arrests for "misdemeanors and property crimes."

There would be no such thing as a citizen's arrest.

And again, it doesn't seem to change very much.

. Again, it changes everything. You have a lot of opinions for somebody that does not seem to be able to read the simple language of a bill and understand it. Perhaps you should slow down a little and get a firmer grasp on the subject you are discussing so that your opinions would be on more solid ground.

If you use 'excessive' force today you are liable to be arrested and charged both criminally and civilly

Well, duh. I can't think of a comment more irrelevant to HB 479, well, except for some of your comments above that misrepresent the contents of the bill.

The simple fact is that if you come across a crime that just happened, you would be better off all around to 'be a good witness', help the injured if possible, and get the cops on the scene as soon as you can. Trying to play LEO when you aren't one is a good way to lose all your worldly possessions and spend lots of time behind bars.

Citizen's arrests happen every day. Citizens are not going to jail and losing all of their worldly possessions every day. Mocking, dismissive language like "playing LEO" does not help your case.

You really seem to have no real clue what is at stake here.

 

[Malum Prohibitum]

A citizens 'arrest' is simply consent on both sides to stay where they are until people with actual, statue defined arrest powers (cops) show up.

Please, for the love of God, please, make the stupid stop. It hurts.

This is not at all what a citizen's arrest is.

Go read OCGA 17-4-60, 61, and 62. They are in the law just after law enforcement arrest. They cover use of force, too. You won't find anything at all about "consent on both sides" or any of this other ignorance that you spread around like a contagious disease.

Inform yourself. Then write. We will all be better off.

 

[Malum Prohibitum]

There is no statutory police arrest powers in Georgia.
They can detain for suspicious activity (reasonable ARTICULABLE suspicion) For example a non LEO cannot stop some one for weaving on the highway, (RAS) but a LEO can.
Before a LEO or non LEO can arrest they have to have PC (probable cause) that that person actually committed a crime.
I’m going from memory, but PC is the knowledge of a crime commited in that persons presence or he developed knowledge that a person had actually committed an arrest-able offense.
The same standard applies to a “citizen” if he wanted to arrest someone.

These two yahoo’s only had second hand suspicion, this did not amount to PC, so their actions were illegal. I doubt a stop without a more would stand up in court if an LEO had detained him.

There most certainly ARE statutory police arrest powers in Georgia. They are listed in Code sections right before the sections about arrest by private persons. Start reading at OCGA 17-4-20 and stop when you figure it out.

 

[Malum Prohibitum]

And if he had simply ran?

What if he simply ran from the police? What kind of question is that? I guess it depends on whether he is faster than you. How is your cardio capacity and 40 yard dash?

 

[Malum Prohibitum]

It is a bed rock law that you can resists an illegal arrest with what ever force is necessary.
From the tone of your post, it sounds like you are condemning the victim, and excusing the aggressors.
I know it’s hard to impart tone in text, but that was my take.

Excellent post.

I am glad somebody is paying attention, Ken Ford.

Those men are going down on murder charges, and it will be justice served.

That situation was not at all a citizen's arrest. There was no justification for the arrest whatsoever. My understanding of their current defense is that they are not claiming it was a citizen's arrest, either, but that they "just wanted to talk to him." What a load of crap.

 

[republican]

If I was a corrupt politician, I would totally support ending citizens arrest.

 

[Mrs_Esterhouse]

If I was a corrupt politician, I would totally support ending citizens arrest.

Governor Kemp? Is that you?

 

[gh1950]

This was not in my house but on my property and down my driveway so, no. As soon as the perp began to run, HB 479 would make it illegal to arrest.

Exactly what arrest powers do you think you have now to arrest someone who is fleeing a suspected property crime?

If he is beating feet, your only remedy is to outrun him and tackle him and sit on him. You can't use deadly force to "arrest" someone who has only committed a crime against property. Under current law, if he executes a bush warrant, there is not much you can do to detain him if you are not able to physically subdue him.

Truthfully, there is a gross over estimation of the significance of "citizens arrests" in preserving societal order. True "citizen's arrest" occur on frequency between appearances of the tooth fairy and unicorn sightings.

 

[Mrs_Esterhouse]

Exactly what arrest powers do you think you have now to arrest someone who is fleeing a suspected property crime?

I think I have these powers:

https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-60/
https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-61/
https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-62/

Those all disappear under HB 479. Arresting the person who broke into two of my cars, netted me a $400 return of my stolen items and got the perp off the streets for a year.

 

[gh1950]

I think I have these powers:

https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-60/
https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-61/
https://law.justia.com/codes/georgia/2010/title-17/chapter-4/article-4/17-4-62/

Those all disappear under HB 479. Arresting the person who broke into two of my cars, netted me a $400 return of my stolen items, and got the perp off the streets.

So what?

You seem to ignore the fact that your cars are defined as "habitation" under Georgia law, and you were perfectly withing your right to take action to protect them and will continue to have that right.

When was the last time you arrested someone and took them in front of a judicial officer?

Again, what did you do to arrest them? What were you prepared to do if they beat feet, and shouted "FU"? Shoot them? Beat them into submission?

Under the existing law, unless the person is committing a forcible felony, or represents a threat to the public, your rights to detain him are limited should he contest that right. All he has to do is decide to walk away, and then what are you going to do? Shoot him or assault him over breaking into your cars and stealing $400? Let us know how that works out for you.

"Citizens arrests" depend on the willingness of the detainee to submit to the situation. If they are unwilling, there isn't much you can do.