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Old 03-17-2012, 03:26 PM   #137
Det. Brees
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Quote:
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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