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From a moral standpoint, the three men weren’t wrong. Legally, there seems to be a problem that Nate the Lawyer hints at but doesn’t say directly:

The heart of the defense’s case is that the three men were trying to detain Aubery for a citizen’s arrest until the police came. Now, I don’t know how the law is in Georgia or wherever Aubery was doing his shit, but in NYC, if I’m not mistaken, in order to detain someone you have to witness the crime yourself and the crime has to be at least a misdemeanor. They don’t witness him doing anything but running. They didn’t see him in that house. I forget if someone even informed them that the man was on a property, but even if they did, I am still pretty sure that they would have to witness the crime themselves in order to detain him or else it is unlawful imprisonment. Can someone more knowledgeable than me (lawyer, paralegal, resident of that state) confirm or deny? If that is the case, those three men are fucked because they would have had no legal right to engage the man.

From a moral standpoint, the three men weren’t wrong. Legally, there seems to be a problem that Nate the Lawyer hints at but doesn’t say directly: The heart of the defense’s case is that the three men were trying to detain Aubery for a citizen’s arrest until the police came. Now, I don’t know how the law is in Georgia or wherever Aubery was doing his shit, but in NYC, if I’m not mistaken, in order to detain someone you have to witness the crime yourself and the crime has to be at least a misdemeanor. They don’t witness him doing anything but running. They didn’t see him in that house. I forget if someone even informed them that the man was on a property, but even if they did, I am still pretty sure that they would have to witness the crime themselves in order to detain him or else it is unlawful imprisonment. Can someone more knowledgeable than me (lawyer, paralegal, resident of that state) confirm or deny? If that is the case, those three men are fucked because they would have had no legal right to engage the man.

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[–] • 4 pts

IIRC the house was in construction/renovation and no one lived there.

The jogger went in to try and grab some tools he could resell for cash.

That wasn't the first time the neighborhood was visited by joggers.

[–] • 1 pt

Yes, I know all of that, but if I'm correct they had to personally witness him committing a crime. You can't snatch people up off of hearsay.

[–] • 2 pts

Construction/Renovation site closed/locked.

Jogger finds a way to get in, can't find anything worth carrying, comes out empty handed.

Neighbors who already have been experiencing visits from joggers see one coming out of the house (no car parked in front that could have tipped them he could have been a worker).

Jogger runs away when realizing he's been spotted.

[–] • -1 pt

Again: I know all this (although I don't think the site as locked...maybe it was. I see him on video just walk inside), but THEY DID NOT WITNESS HIM COMMITTING THE CRIME. The stuff you're you're talking about is circumstantial and hearsay. There is layering and nuance to this. There are factors that have to be taken into consideration. I really wish an actual lawyer was in this thread.