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720

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

I'm starting to understand why New York City has a crime problem.

[–] 1 pt

This is not just NYC. IT is many jurisdictions. I don;t like nigger trespassers at all, but the law is the law. You cannot, as private citizens, form a small posse and go out detaining people without probable cause. They were not police. They were not bounty hunters. and I'm pretty sure they didn't actually witness a misdemeanor or felony with their own eyes. I hate to say it, but this thread needs a lawyer or two ASAP.

[–] 0 pt

The law should serve man and not the other way around. He stole from that neighborhood several times. Basically Aubrey was a career criminal who fucked around and found out.

[–] 0 pt

These are our laws. They cannot be skirted to deal with some nuisance nigger. If you deal with nogs outside of the law, then you're putting yourself at risk for criminal prosecution and civil liability. I'm sure there they have vagrancy laws. Imagine being in NYC or Frisco or LA where you can't even tell them to move along and they can just stand around aimlessly right outside of your property line if they want to.