x
Breaking News
More () »

Here's what Georgia law says about citizen's arrest

A viral video of two Brunswick men shooting another man has raised some questions about what actually constitutes a citizen's arrest.

MACON, Ga. — The lawyer for Ahmaud Arbery's family is calling on law enforcement to make an immediate arrest in the 25-year-old's shooting death. 

Arbery was shot and killed in Feb. by two men who followed him attempted to make a 'citizen's arrest' while he was jogging.

The two men say Arbery resembled a burglary suspect.

The viral video of the struggle and eventual shooting was posted this week, nearly three months after his death.

There still have not been any arrests in the case, but Governor Brian Kemp has ordered the GBI director to assist local law enforcement in an investigation.

Taking a closer look, what does Georgia code say about citizen's arrest laws?

"It doesn't go to the point of a person putting handcuffs on them. It goes to the point of that person blocking their movement," Dublin Police Chief Tim Chatman said in a previous interview with 13WMAZ.

Under Georgia law you can do this only if you've actually witnessed a crime.

Michael Moore, a former U.S. attorney in Macon, says citizen's arrests can be helpful, but they are pretty rare. 

"Think of, for instance, a purse snatching. It allows someone to intervene, to help the victim of the purse snatching to maybe grab the snatcher and hold them until the police come," Moore said. 

But it's a bit more complicated than it sounds.

"You might think that you witnessed something that's an arrestable offense, but it's not really an arrestable offense," Fort Valley Police Chief Lawrence Spurgeon said.

Spurgeon wrote a Facebook post Wednesday night explaining the risk factors associated with the rule.

"I always tell people, 'Are you really ready to absorb the possibility that if you're wrong you'll be criminally responsible? Or are you ready to absorb the fact that if you're wrong you'll be civilly responsible as well'," Spurgeon said.

Under Georgia code, Moore says a citizen can use force if they fear for their life, but they cannot create a confrontation themselves and then claim self defense after harming someone. Especially if they did not witness a crime take place.

"It does not allow us to create armed posses and roam the community looking for someone we think might have done something wrong," Moore said.

Spurgeon also says, when possible, you should report wrongdoing to the police instead of taking your own action. 

Police officers are trained and equipped to handle incidents that may become violent.

According to published reports on that Brunswick case, investigators found no evidence that Ahmaud Arbery committed a crime or that the shooting suspects witnessed any crime.

RELATED: Georgia governor calls video of jogger's shooting 'absolutely horrific'

RELATED: What we know about Gregory and Travis McMichael and the Ahmaud Arbery case

RELATED: Investigation into Ahmaud Arbery's death will 'seek the truth,' GBI director promises

RELATED: Atlanta attorney calls for 'immediate arrest' in killing of jogger

RELATED: GBI: Autopsy reveals man died by suicide in Cordele standoff

Before You Leave, Check This Out