Ex-detective charged in death of Ahmaud Arbery lost power to make arrests after skipping use-of-forc
Source: Washington Post
The former police detective whose actions in the fatal shooting of Ahmaud Arbery in Georgia were defended as a citizens arrest was stripped of his law enforcement certification and power to arrest a year before the deadly encounter, according to personnel records acquired by The Washington Post.
Gregory McMichaels certification was suspended in February 2019 after repeated failures to complete required training, according to documents from the Brunswick Judicial Circuit District Attorneys Office, including a warning in 2014 that McMichael had neglected to finish mandatory firearms and use-of-force courses.
McMichael, 64, and his son Travis McMichael, 34, were arrested last week and charged with murder and aggravated assault in Arberys death, more than two months after the fatal shooting. Arberys family says the 25-year-old black man was out for a jog when he was chased by the McMichaels, who are white and were armed.
Read more: https://www.washingtonpost.com/nation/2020/05/13/ex-detective-accused-death-ahmaud-arbery-lost-power-make-arrests-after-skipping-use-of-force-training/
No surprise here, that this former police officer doesn't understand use of force, and opted for deadly force, I guess my question is if he was knowingly stripped of his power to arrest, can he still claim the right to citizens arrest?
groundloop
(11,518 posts)Here's a discussion on 'citizen arrests' I found, and it most certainly does not apply in this case:
In most cases, you must find a person either in the act of committing a crime, or escaping from and freshly pursued by persons who have lawful authority to arrest that person, in order to lawfully make a citizen's arrest. In particular, if you are arresting a person for an indictable offence, which is the most serious type of offence and includes violent offences, you can only make the arrest at the time you witness the person committing the offence. It is against the law to arrest a person after any lapse in time for having committed an indictable offence, unless it is relation to your property.
In special circumstances of any type of criminal offence that is committed on or in relation to your property, you may either:
arrest a person you find in the act of committing a crime; or
arrest a person within a reasonable period of time after having found that person committing a crime.
To be eligible to make a citizen's arrest for a crime on or in relation to property, you must be one of the following:
the owner of the property;
in lawful possession of the property; or
have been authorized by the owner or the person in lawful possession of the property.
The law allows you to use as much force as is necessary for the purpose of making a citizen's arrest, as long as you are acting on reasonable grounds. However, any force you use must be tailored to the circumstances, and you are criminally responsible for any excess force you use. In addition to the potential for a criminal prosecution, you may also face a civil lawsuit in relation to your conduct and any injury you cause.
The law requires that when making a citizen's arrest, the arrested individual must be delivered to a police officer without delay. If you make a citizen's arrest and do not call the police as soon as possible, the arrest might be ruled illegal, and you could face civil or criminal consequences.
The only crime being committed was jogging while black.
safeinOhio
(32,668 posts)he was told to wait for the police to get there. Thats going to sound nice in court.
JohnnyRingo
(18,623 posts)Common sense dictates that he can't shoot and kill someone for suspected burglary, and with that shotgun he wasn't out to wound. Any time a citizen says "I'm out on patrol", a huge responsibility rests on their shoulders.
I don't know if this Revelation is meant to plead innocence through ignorance or a damning for being a bad cop.
Baitball Blogger
(46,698 posts)MrModerate
(9,753 posts)But an unqualified one as well.
But they kept him on the force for years regardless of his failure to keep his training up to date.
dalton99a
(81,433 posts)Response to neohippie (Original post)
geralmar This message was self-deleted by its author.
dawn frenzy adams
(429 posts)You can bet these two backward psychopaths (right out of the movie Deliverance) have terrified and killed before.
Bengus81
(6,931 posts)And NO...don't isolate them for "their safety".
LizBeth
(9,952 posts)put stock in that and obey. Ridiculous.