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919

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.

(post is archived)

Then why would the cop text the owner of the property and tell him to contact mcmichaels if he noticed arbury on the property?

https://www.wrdw.com/content/news/Text-messages-more-video-provide-greater-context-to-Ahmaud-Arbery-case-570570441.html

[–] 1 pt

Not sure, but if you think about it, it is highly irregular for a Police Officer to volunteer the services of a private citizen in lieu of an actual Police Officer.

[–] 1 pt

They do things different in rural areas than they do in Queens

Except mcmichaels lived across the street and had a law enforcement background. Maybe they didn’t want to let arbury get away. Perhaps they wouldn’t have enough to arrest, if they had to wait on an officer.

[–] 0 pt

Well, he had partial training as law enforcement, which he didn’t complete. If I’m the Defense, I wouldn’t even bring that up as it could open a can of worms.