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Old 03-16-2012, 09:48 AM   #127
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Originally Posted by geoffspins View Post
It makes perfect sense. Perhaps not arrested, but certainly questioned/interrogated. For all the police know the guy you just hypothetically killed knocked on your door asking for directions. You invited him in and murdered him.
You are correct. Questioned extensively at a minimum. However the post was in reference to another poster making a statement which would cause the defender of a home to be charged / arrested.
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Old 03-16-2012, 05:02 PM   #128
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Old 03-16-2012, 05:31 PM   #129
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Originally Posted by Det. Brees View Post
You are correct. Questioned extensively at a minimum. However the post was in reference to another poster making a statement which would cause the defender of a home to be charged / arrested.
Still waiting for a response to my question...

I am honestly curious on what your thoughts are of the allegations of police misconduct? Does these allegations surprise you?
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Old 03-16-2012, 09:18 PM   #130
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Originally Posted by drob8785 View Post
Still waiting for a response to my question...

I am honestly curious on what your thoughts are of the allegations of police misconduct? Does these allegations surprise you?
I believe I read in one of the links that the agency is turning the case over to the AG. If that's the case I don't believe the agency is trying to hide or cover anything up. If the statements about the investigator are true about not conducting a proper interview with a witness then that needs to be delt with.
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Old 03-16-2012, 09:36 PM   #131
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Quote:
Originally Posted by Det. Brees View Post
I believe I read in one of the links that the agency is turning the case over to the AG. If that's the case I don't believe the agency is trying to hide or cover anything up. If the statements about the investigator are true about not conducting a proper interview with a witness then that needs to be delt with.
Thank you. I appreciate your reply, even if it did take several attempts to drag it out of you.

Knowing the basic facts of the case, do these allegations surprise you?
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Old 03-16-2012, 09:54 PM   #132
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Originally Posted by Det. Brees View Post
I'll explain it more in detail tomorrow, I have p.o.s.t. this week so I'm heading to bed.
It's been a couple of days now.
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Old 03-16-2012, 10:48 PM   #133
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Quote:
Originally Posted by drob8785 View Post
Thank you. I appreciate your reply, even if it did take several attempts to drag it out of you.

Knowing the basic facts of the case, do these allegations surprise you?
Allegations occur so much in police work it almost becomes norm. Not that they are warranted or not. But when your locking people up suspects, family , and friends tend to complain. In this case its very easy to determine if the investigator did his/her job.
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Old 03-16-2012, 10:53 PM   #134
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Originally Posted by silverback06 View Post
rolandsmartin@rolandsmartin BREAKING NEWS: Sanford, Fla. police to release the #Trayvon Martin 9-1-1 tapes! http://bit.ly/xRUJ6Z http://fb.me/W9EvtdEB
I find it interesting that these tapes have been released . Simply because its evidence and it could cause problems with the jury pool.
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Old 03-16-2012, 11:14 PM   #135
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Originally Posted by Det. Brees View Post
I find it interesting that these tapes have been released . Simply because its evidence and it could cause problems with the jury pool.
I don't.
It's a public record. They were gonna get their *** handed to them in court if they kept dragging their feet about it.
It's also kinda hard to not charge him saying they have no evidence and then to say they will not release the tapes because it's evidence.
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Old 03-16-2012, 11:39 PM   #136
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Quote:
Originally Posted by Cosmic201 View Post
I don't.
It's a public record. They were gonna get their *** handed to them in court if they kept dragging their feet about it.
It's also kinda hard to not charge him saying they have no evidence and then to say they will not release the tapes because it's evidence.
True but I base my statement on the fact I believe he will be charged. Did they announce they are not charging the shooter?
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Old 03-17-2012, 03:26 PM   #137
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Originally Posted by Flipx99 View Post
It's been a couple of days now.
To answer one part of the question in reference to citizens legally being able to arrest.
In most states citizens have this power.



Georgia Code - Criminal Procedure - Title 17, Section 17-4-60 - Georgia Attorney Resources - Georgia Laws
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.




Georgia Shoplifting Laws


51-7-60

Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:

(1) That the plaintiff had so conducted himself or behaved in such manner as to cause a man of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14; or

(2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.

Many states have these laws to protect the owners of a business vs. shoplifters. Not covered but is shown by this law, a person does not have to commit a felony to be detained/arrested by a shop owner.

I believe that this thoroughly proves that citizens have the authority and right to arrest/detain criminals when the crime is committed in their presence. However, we normally do not recommend that citizens get involved because you never know what level of violence a criminal is willing to commit to not be arrested.

Also the term arrest means more than to put someone in jail. In criminal law books words will be defined in the beginning of a code sections, however in other sections it may be added to or taken away from. Im certain some of our atty's will support this claim. Also to help support this claim in GA traffic code arrest also includes being issued a traffic citation due to the crime being stopped at the time also because charges being brought against the suspect. However the suspect is being released with the promise to post bond, pay the fine, or appear in court.

Arrest:
to detain; to slow down; to capture; to imprison
http://www.english-test.net/toeic/vo...ons.php#arrest



Busy week time is short ill cover more later.
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Old 03-17-2012, 03:36 PM   #138
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Quote:
Originally Posted by Det. Brees View Post
To answer one part of the question in reference to citizens legally being able to arrest.
In most states citizens have this power.



Georgia Code - Criminal Procedure - Title 17, Section 17-4-60 - Georgia Attorney Resources - Georgia Laws
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.




Georgia Shoplifting Laws


51-7-60

Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:

(1) That the plaintiff had so conducted himself or behaved in such manner as to cause a man of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14; or

(2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.

Many states have these laws to protect the owners of a business vs. shoplifters. No covered but is shown by this law a person does not have to commit a felony to be detained/arrested by a shop owner.

I believe that this thoroughly proves that citizens have the authority and right to arrest/detain criminals when the crime is committed in their presence. However, we normally do not recommend that citizens get involved because you never know what level of violence a criminal is willing to commit to not be arrested.

Busy week time is short ill cover more later.
Isn't the key words here that the offense should in fact have been comitted ??? - Not that he suspect that an offense may be committed ?

It also states that the crime should happen in his presence or within his knowledge.

Neither of those conditions are true in the current case leaving his actions beyond the coverage of the law.
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Old 03-17-2012, 03:39 PM   #139
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Quote:
Originally Posted by Cosmic201 View Post
I don't.
It's a public record. They were gonna get their *** handed to them in court if they kept dragging their feet about it.
It's also kinda hard to not charge him saying they have no evidence and then to say they will not release the tapes because it's evidence.
correct it is public record but if its evidence it should not be released to the public. That's all i'm saying. There's a little thing about having a fair trial for the accused.

See Ive always stated I believe the shooter would go to jail. My concern was why he thought the kid was suspicious. It turns out he thought this because the kid had a hoody on and was walking slow in the rain. Heck most people that have a hoody will put i on in the rain and lots of peole walk slow. Shooter is a idiot, it appears.
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Old 03-17-2012, 03:43 PM   #140
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Originally Posted by Dragon View Post
Isn't the key words here that the offense should in fact have been comitted ??? - Not that he suspect that an offense may be committed ?

It also states that the crime should happen in his presence or within his knowledge.

Neither of those conditions are true in the current case leaving his actions beyond the coverage of the law.
This is true, but this is not about the original case this is about claims made that we has citizens don't have this right to arrest and implications I don't know my job because I made this statement. Which, my statements are true.
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