Posted on 05/19/2020 5:35:36 AM PDT by bort
they didn’t show it, but I guarantee they did after they cuffed him, that is why they cuffed him, to break into his car illegally.
I guess Ahmaud’s tuxedo must have been at the cleaners as he was wearing the ghetto uniform of pants halfway down his butt and exposed underwear. Not illegal but it shows the type of culture he identifies with.
vg0va3: “Ga law: it is a violation § 16-5-41 (a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.”
House Atreides: “Dude, you’re chasing a non-existent squirrel that the media painted a picture of. Arbery was not arrested, nor was he confined, nor was he detained. I did, however, see Arbery rapidly charge another man and attempt to wrestle a loaded shotgun from him.”
I think “Ga law: it is a violation § 16-5-41” will be the battle in court. I did read an article a lawyer stated they the defendants were making a citizens arrest. I also read where the defendant saying they told the Ahamaud they only want to talk to him. The Prosecution would have to prove the citizens arrest happen.
Looks like McMichael lawyer was the one who raise the citizen’s arrest law. The arrest might be a non-existent squirrel.
If no detain without legal authority this is down to self defense. Can the defense use that video as evidence of the Ahmaud combative behavior?
The cops wanted to search Mr. Arbury’s car but Mr. Arbery knew his 4th Amendment Rights.
I wonder if the elder McMichael was aware of the earlier incident, and other aspects of the runner’s criminal history.
I am looking specifically at the circumstances.
As the video comes around the corner Arbery is on the left side of the ride approaching the driver side of the truck. He then runs to the right side of the truck away from the guy standing in his path with the shotgun.
The guy in the truck is aiming at Arbery as he runs around the passenger side of the truck.
The guy on the driver's side moves around the front of the truck to confront Arbery as he runs around the passenger side. The guy on the ground would have been considered retreating if he had stayed on the driver's side or move to the rear of the truck. The movement of the guy on the ground constitutes simple assault in GA O.C.G.A. §16-5-20.
At that point, Arbery is legally allowed to defend himself. § 16-3-21 A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force;
The guy on the ground is not protected by GA stand your ground law.
A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(1)Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
BTW. The act of cornering him beside the track was to confine him and detain Arbery.
See you at the courthouse, Dude.
“You know damn well that the defense is gonna be showing this video!”
The defense is going to show the breakdown of police procedure and Mr. Arbury outsmarting the cops on the 4th Amendment?
In GA you must witness the actual crime to conduct a citizen’s arrest. Like a retailer at best buy catching someone shoplifting. I don’t believe they witnessed any actual crime occur. They wanted to stop him.
McMichael’s actions threw out a self-defense claim when he followed Arbery around the front of the truck to try and confront him with the shotgun. He should have stayed on the driver’s side or moved away from Arbery.
If there was so much suspicion and probable cause, why did the cops fail to secure a search warrant for the vehicle?
The Police don’t need a search warrant if they have probable cause to search a vehicle. See Carroll v. United States, 267 U.S. 132 (1925).
Regardless, I don’t see where they ever searched the vehicle.
“Regardless, I don’t see where they ever searched the vehicle.”
Apparently they did not have enough cause for a search of the vehicle, they did not arrest and they did not cite.
At that point, Mr. Arbery has every right to tell the cops to have a nice day.
Wearing a winter coat & NO shirt causes more suspicion.
“Wearing a winter coat & NO shirt causes more suspicion.”
If there were suspicion, the police would have searched the vehicle.
But it does raise suspicion of illegal behavior. the police have a right to investigate.
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