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View Poll Results: Was it murder
Yes 299 58.86%
No 68 13.39%
Don't know/let's wait and see as more evidence is gathered 141 27.76%
Voters: 508. You may not vote on this poll

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Old 05-23-2020, 08:09 PM
 
5,450 posts, read 2,703,228 times
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Quote:
Originally Posted by Ralph_Kirk View Post
It is a crime. It's misdemeanor trespassing, at least. But it's not something the police are going to rouse themselves to drive across town and make an arrest for. Nor does Georgia law allow a citizen to chase someone down and make an arrest for it who didn't even directly see it happen.


But, technically, it's a crime. Just not one worth doing anything about unless you're standing right there.
No, not every time you step onto private property is it a crime, believe it or not

read the law

https://law.justia.com/codes/georgia...ction-16-7-21/

keep in mind the home owner did not have "no trespassing" sign up at the time.

Think that is a silly technicality? the law doesn't care. The law is the law. There are a number of variations you will see at the link that makes it criminal if conditions met

then see citizens arrest in GA, it has to be immediate knowledge of a felony

 
Old 05-23-2020, 08:11 PM
 
21,108 posts, read 13,492,959 times
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Quote:
Originally Posted by ClaraC View Post
When I disagree with the Georgia trespass law, I'm not limiting my surprise to this one case, but I'm posting it here because the law came up here.

If you come home to your house in Georgia, and find a man sitting on your couch, or sleeping in your bed, or a couple sleeping in your bed, they have committed no crime until you ask him to leave and they refuse to.

Astonishing. That's all I'm sayin'.
Easily fixed with a sign. Now I know why so many people have signs on their doors and fences to state what would seem to be obvious for an occupied private HOME.

They know what the law says on that.
 
Old 05-23-2020, 08:14 PM
 
35,522 posts, read 17,824,056 times
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Quote:
Originally Posted by boneyard1962 View Post
I think you need to define house vs home. There is a difference.

A house under construction? That is a norm . People come to look. Especially if it is in a development in progress. Why? Because people are curious. Is this what my house will look like? How are these contractors compared to mine? Are these contractors good? If so maybe I'll hire them. Ideas what to do in your own house that you intend to build.

It isn't like he walked into an occupied dwelling, or even a house that was locked up. Believe it or not it is normal for houses to get visits by people who are simply curious. When I was building my house abroad, I walked through a dozen houses at various stages of completion. Their standards and methods over here are far different than what I experienced in the states.

What isn't normal is to be chased by people in vehicles and have them jump out with guns drawn because you visited a job site. I did construction in Florida and that didn't happen there. Zimmerman and McMichaels types are the rarity.
No. Read the Georgia trespassing law.

You can enter a home without permission or knowledge of the owner, and until you're told to leave by the homeowner, it's all good as long as you're not damaging it.

Somebody needs to fix that law, is what I'm sayin'.

You can watch their tv and play with their dog all afternoon. No crime. Bring yourself a little cooler full of drinks, and you can hang out in a pretty house where a window or door was unlocked, live it up.

https://codes.findlaw.com/ga/title-1...t-16-7-21.html
 
Old 05-23-2020, 08:17 PM
 
28,624 posts, read 18,682,107 times
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Quote:
Originally Posted by jencam View Post
I mean, apparently not in GA unless you have no trespassing signs posted. According to the statute and every attorney website on the matter.

If you can find something that says otherwise, feel free to post it.

Well, the prosecution would have to prove that the trespass was for an illegal purpose (such as to make an illegal drug deal). Not likely in this case, but if an illegal purpose could be proven, a sign is not necessary.
 
Old 05-23-2020, 08:18 PM
 
13,389 posts, read 6,412,740 times
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Quote:
Originally Posted by ClaraC View Post
Apparently not THESE cops, who in fact instructed English to enlist McMichael's help in performing surveillance and security on his home.
One officer did that. The local PD has thrown him under the bus.

And, McMichael's himself(a retired police officer and DA investigator) should have known better than to take any surveillance/security regarding this home as far as he did.
 
Old 05-23-2020, 08:19 PM
 
5,450 posts, read 2,703,228 times
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If you open a door that qualifies as "breaking and entering"
 
Old 05-23-2020, 08:19 PM
 
28,624 posts, read 18,682,107 times
Reputation: 30904
Quote:
Originally Posted by jencam View Post
Easily fixed with a sign. Now I know why so many people have signs on their doors and fences to state what would seem to be obvious for an occupied private HOME.

They know what the law says on that.

In Texas, the fence would have to be locked. For many people (such as us) locking the fence is impractical because we still have utilities people who have to get into the yard to check the meters.
 
Old 05-23-2020, 08:20 PM
 
35,522 posts, read 17,824,056 times
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Quote:
Originally Posted by jonbenson View Post
If you open a door that qualifies as "breaking and entering"
In my world, that's true. Not in Georgia.
 
Old 05-23-2020, 08:21 PM
 
21,108 posts, read 13,492,959 times
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Quote:
Originally Posted by Ralph_Kirk View Post
Well, the prosecution would have to prove that the trespass was for an illegal purpose (such as to make an illegal drug deal). Not likely in this case, but if an illegal purpose could be proven, a sign is not necessary.
So I leave my door unlocked for some dumb reason. A dude wanders by and decides to try my door to find it unlocked. He comes in and sits on my couch to watch TV. He doesn't damage anything. He doesn't threaten me or try to take anything or act like he intends on such. No harm, no foul it seems unless someone can show differently.

He better not drink any of my water. Imma call that theft.
 
Old 05-23-2020, 08:21 PM
 
28,624 posts, read 18,682,107 times
Reputation: 30904
Quote:
Originally Posted by ClaraC View Post
No. Read the Georgia trespassing law.

You can enter a home without permission or knowledge of the owner, and until you're told to leave by the homeowner, it's all good as long as you're not damaging it.

Somebody needs to fix that law, is what I'm sayin'.

You can watch their tv and play with their dog all afternoon. No crime. Bring yourself a little cooler full of drinks, and you can hang out in a pretty house where a window or door was unlocked, live it up.

https://codes.findlaw.com/ga/title-1...t-16-7-21.html

And so that would mean the McMasters had no reason to chase Arbery, having not seen a crime committed, and not even what they suspected Arbery had done at that moment was a crime...which a former LEO would know.
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