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673

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

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.

[–] 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

If they saw him leaving the construction site, they saw him trespassing, which is a crime. Stop being a jew.

[–] 0 pt

AGAIN: Criminal Trespass (If it was legally considered a Trespass--and without signaange there may be an argument against that) is not a Misdemeanor or a Felony in most jursidictions, Sir. That means (in most jurisdictions) that you cannot physically detain the person and hold them against their will (particularly with a deadly weapon. If you are not going to use your intellect and examine the gist of my argument and respond ad nauseum without discussing the LEGAL MERITS of the case, I have no use for you and your feelings.

[–] 0 pt

Trespassing is definitely a misdemeanor in most jurisdictions. I've been arrested for it as a teen.

[–] 0 pt

Unless Nate the Lawyer is lying, he recounts that the testimony states the three men didn't see him enter or leave the property and they never mentioned to the police anything about a citizen's arrest after they arrived.

[–] 0 pt

Nigger the Lawyer is probably lying. He's a prosecutor and a nigger, he is hugely biased.