kidnapping: let me get this straight..

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badbadtz560

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1-10 Article 2 of Chapter 3 of Title 16 of the Official Code of
1-11 Georgia Annotated, relating to justification as a defense to
1-12 criminal prosecution, is amended by striking Code Section
1-13 16-3-23, which reads as follows:

1-14 "16-3-23.

1-15 A person is justified in threatening or using force
1-16 against another when and to the extent that he reasonably
1-17 believes that such threat or force is necessary to prevent
1-18 or terminate such other's unlawful entry into or attack
1-19 upon a habitation; however, he is justified in the use of
1-20 force which is intended or likely to cause death or great
1-21 bodily harm only if:

1-22 (1) The entry is made or attempted in a violent and
1-23 tumultuous manner and he reasonably believes that the
1-24 entry is attempted or made for the purpose of assaulting
1-25 or offering personal violence to any person dwelling or
1-26 being therein and that such force is necessary to
1-27 prevent the assault or offer of personal violence; or

1-28 (2) He reasonably believes that the entry is made or
1-29 attempted for the purpose of committing a felony therein
1-30 and that such force is necessary to prevent the
1-31 commission of the felony.",

From what I've read, say someone tried to burn my house down, It'd be legally justified to shoot him since his purpose is believed to be for the purpose of assaulting someone (me) dwelling at the place

But.. if I wanted to hold him at gunpoint until the police arrived to arrest him, I'd be in trouble for kidnapping?

The thing is.. all this really describes is unlawful entry.. what if they just wanna burn your damn house down?

thoughts?
 
Arson is deadly force. You can defend yourself. Just holding them for the police is not kidnapp (usually requires moving the person). Unlawful detention could be charged if the person you were holding was innocent. Citizen arrest can be a pain to deal with.
 
Whether it's legal or not, you're better off telling them to leave.

Chances of getting shot by a cop when you're standing outside your house waiting for them to arrive with your weapon holstered.... low

Chances of getting shot by a cop when you're standing over someone in your kitchen holding a gun, which someone is not handcuffed and hellbent on escape.... you decide

Chances of getting shot or cut up by a perp who has run away from your house.... zero

Chances of getting shot or cut up by a perp who you try to restrain singlehandedly without training or handcuffs... you decide
 
As much as we like to think that written law is fair and balanced, the judge, police, jury, etc can use some personal discretion and leniency. If you were charged with kidnapping while holding a felon in progress at gunpoint until the police arrived then we have a major problem to overcome.
 
Arrest by private person

In GA, this is Code of GA Annotated Section 17-4-60. "A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge..."

An arrest is defined in the statutes and in the case law but if you are restraining him at gunpoint, he would be considered under arrest whether you have told him so or not. If you have unlawfully arrested him because he wasn't trying to burn your house down but merely found the molotov cocktail on the ground and was trying to remove it to a place where it wouldn't damage any property (a proof question), then you could be found liable for false imprisonment. As pointed out above, if you move him from the point of arrest to another point, you could conceivably be found liable for kidnapping.

Forgetting the other practical issues pointed out above with respect to the picture you might present to officers rolling up to the scene, you either have a lawful arrest or you don't. If you do, then you shouldn't have any legal worries. The same question is most often raised in the civillian world with respect to shoplifters and also applies to police officers.
 
Yes, be very careful knowing what constitutes arrest, and if it's EVER a better option that legitimate self-defense, or just letting the guy go. (They usually get caught later.)

Understand, under old English common law, arson carried the death penalty.
 
The only problem I could see is if by chance the person in question is not held at gunpoint who would happen to flee may come back for more at a later time thus endangering yourself or more. If you were in a posistion that you had to hold someone at gunpoint while the proper authorities arrived. Just be sure whether you or whoever is conversing with the LEO makes them understand the situation at hand. [ie: YOU are the one holding the perp with a (gun/weapon) at the scene of the crime.]

[Apologies for typographical or grammar errors. I'm trying to type this on my iPhone.]

Thanks.
 
I honestly don't believe that I'll ever be in a "citizen's arrest" situation with anyone trying to burn my house down.

I live in a Castle Doctrine state, and one that allows for defense of property.


-- John
 
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