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878

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)

[–] 1 pt

Jogger ran away after being spotted on private property.

[–] -1 pt

Was he spotted by one of the three men? Or someone else? I am trying to make this as clear as I can.

Also, AGAIN: Was there signage prominently posted or a previous encounter with police in which he was told not to return to the property? In many jurisdictions, that is what is needed to make an arrest for Criminal Trespass.

[–] 1 pt

Also, AGAIN: Was there signage prominently posted

Houses in construction/renovation should have a sign that shows the permit and details of the company doing the job.

[–] 0 pt

That is almost always a sheet of paper with 12 point print showing the emergency contact number of the foreman and the city seal. That has nothing to do with legal deterrence. It is not a sign with big, bold, contrasting letters that says: NO TRESPASSING: VIOLATORS WILL BE PROSECUTED OT THE FULL EXTENT OF THE LAW."