Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
There is no doubt he was following TM. But thats not ileagal or provoking.
It was provoking to Martin and only people in total denial for motives that I can only guess seem to have a deep need to ignore that fact, because the reality is that if you spotted someone following you in a car and that scared you enough that you felt the need to run away and that person then exits their car and comes looking for you...
Oh, this is a waste of time... the facts don't matter because Trayvon was a dope smoking, Facebook thug who just had no business breathing.
Zimmerman says he was on top of Martin's body, pinning his arms down and out - away from his body (so he wouldn't turn zombie on him?). He was yelling at a neighbor to help him hold down Martin's body. Martin was found with his hands underneath him. Another Zimmerman 'inconsistency'.
Zimmerman says he was on top of Martin's body, pinning his arms down and out - away from his body (so he wouldn't turn zombie on him?). He was yelling at a neighbor to help him hold down Martin's body. Martin was found with his hands underneath him. Another Zimmerman 'inconsistency'.
Perhaps you could enlighten us as to the felony or misdemeanor Trayvon Martin committed that would have given Zimmerman the right to detain him and make a citizen's arrest. Can you point to the portion of the call with dispatch where Zimmerman accuses Trayvon Martin as attempting to or having already commited a crime, beyond "walking around, looking about?"
California Penal Code section 837 is a good example of this codification:
837. A private person may arrest another:
For a public offense committed or attempted in his/her presence.
When the person arrested has committed a felony, although not in his presence.
When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested to have committed it.
"Public offense" is read similarly as breach of peace in this case and includes felonies, misdemeanors and infractions.[SIZE=2][44][/SIZE][SIZE=2][45][/SIZE] Note that there is generally no provision for an investigative detention by a private person under the law. With certain exceptions (see below) an arrest must be made. "Holding them until the police get there" is simply a form of arrest. The officer is accepting the arrest and processing the prisoner on behalf of the private person[SIZE=2][46][/SIZE] .
In no state may an arrest for a misdemeanor be made without it occurring in the presence of the arrestor.[SIZE=2][47][/SIZE] In the case of felonies, a private person may make an arrest for a felony occurring outside his presence but the rule is that a felony must have, in fact, been committed . For example, imagine a suspect has been seen on surveillance video vandalizing a building to the extent that the arrestor believes it rises to a felony due to the damage. If he finds the suspect and makes the arrest but it later turns out that it was misdemeanor damage, the arrestor is liable for false arrest because a felony had not, in fact, been committed.
Because most states have codified their arrest laws, there are many variations. For Example, in Pennsylvania, the courts have been clear that a citizen cannot make an arrest for a "summary offense."[SIZE=2][48][/SIZE] In North Carolina, there is no de jure "citizens' arrest." Although it is essentially the same, North Carolina law refers to it as a "detention."[SIZE=2][49][/SIZE]
Other states seem to allow only arrests in cases of felonies but court decisions have ruled more broadly. For example in Virginia, the statute appears to only permit warrantless arrests by officers listed in the Code.[SIZE=2][50][/SIZE] However Virginia courts have upheld warrantless arrests by citizens for misdemeanors.[SIZE=2][51[/SIZE]
That wasn't the question I was asked. And while you read what you posted think about this, all that had to occur was G.Z. to believe that a crime was committed to effect an arrest. Now if he's wrong that's probably going to result in a lawsuit. Either case it is as I stated, he "could" have been trying to detain T.M. which is/was perfectly legal.
Since there's more theories being tossed out here than noodles at an Italian restaurant what's another one right?
Ah, yes they can. The following also goes on to describe the process in which any citizen can affect an arrest/detention of someone else.
From FL law:
An officer arresting someone outside of the officer's normal jurisdiction is considered a "citizen's arrest." for example, if a Fort Lauderdale police officer, on vacation in Boca Raton, was to make an arrest, it is considered a "citizen's arrest" regardless of the fact that the person is actually a police officer. It makes no difference.
lol. I'm pretty sure the law doesn't say that to defend yourself with deadly force, you must first be beaten into a near coma.
But you claim that you are, it better be true.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.