how to hold a suspect for police

[Tech Jacket]

I personally carry an umbrella liability policy, and have an attorney on speed dial. If you are going to carry, although I do not know them personally but see the post above, contact Protective Measures or a certified (LE or NRA) instructor. Just because Georgia doesn't require class, or range time for a permit doesn't relieve you of a responsibility to be familiar with laws, and the firearm.

one can not be charged with false imprisonment for a citizens arrest on a forceable felony. They DO have to know that there are things they MUST do to validate. (Go in front of magistrate etc.)

an umbrella policy is not going to offer coverage for that. its for accidents, not intentional acts or crimes (if you were charged).

 

[Ezekiel285]

Tell them to lay on their stomach and face away from you with there arms spread palms up, and to cross their ankles. I somewhat concur with the previous statement to get a good description, tag number, etc. OCGA 16-3-21 allows for use of lethal force in defense of a third party as well as yourself, and to prevent a forceable felony... Presenting deadly force needs to be backed by an actual fear of imminent death, or severe bodily harm.

This guy hit the nail on the head. 16-3-21. That's all that matters. Hes holding a bat? You shoot him. You go to jail. (or at least stay in the court room for a long time). He goes to swing that bat at somebody? game over, you shoot him. You don't go to jail. LEOs have no more power than civilians do. The difference is they have protection. As a civilian if you "citizen arrest" somebody and they didn't commit a crime, they will sue you and own your house, your car, and possibly your dogs. Police have protection from that as long as they have probable cause. But as a civilian you can do the same things police do, you just have to make sure you are RIGHT. Otherwise you may be in a world of trouble.

And I didn't read all the comments but I read someone's comment saying shoot him in the leg. I'm sure they were joking (I hope so anyway). But if you shoot somebody in the leg that is still deadly force and you can go to jail for that if you are not following 16-3-21.

Hopefully I'm not just repeating things that have already been said. It's really as simple as that though. Just know OCGA 16-3-21 and you have very good guidelines for when you can and cannot shoot (In the state of Georgia).

 

[zracin]

CITIZEN ARREST

17-4-60.**Grounds for arrest
***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.

17-4-61.**Taking of persons arrested before judicial officer or to peace officer; duty and liability of peace officer taking custody


***(a)*A private person who makes an arrest pursuant to Code Section 17-4-60 shall, without any unnecessary delay, take the person arrested before a judicial officer, as provided in Code Section 17-4-62, or deliver the person and all effects removed from him to a peace officer of this state.

(b)*A peace officer who takes custody of a person arrested by a private person shall immediately proceed in accordance with Code Section 17-4-62.

(c)*A peace officer who in good faith and within the scope of his authority takes custody of a person arrested by a private person pursuant to this Code section shall not be liable at law for false arrest or false imprisonment arising out of the arrest

17-4-62.**Taking of persons arrested before judicial officer within 48 hours of arrest


***In every case of an arrest without a warrant, the person arresting shall, without delay, convey the offender before the most convenient judicial officer authorized to receive an affidavit and issue a warrant as provided for in Code Section 17-4-40. No such imprisonment shall be legal beyond a reasonable time allowed for this purpose; and any person who is not brought before such judicial officer within 48 hours of arrest shall be released.