Citizen’s Arrest gone wrong Georgia

oldngray

nowhere special
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UPDATE: GBI arrests man after social media threat to Ahmaud Arbery protests
 

Old Man Jingles

Rat out of a cage
Is it legal in ga for somebody to enter a vacant vacation home and look around then leave?
Yes!

Georgia Code Title 16. Crimes and Offenses § 16-7-21
(a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without consent of that person.

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

You don’t have to steal anything To commit burglary.
WUT?!?!

Please provide the legal code for that scenario.
 

Old Man Jingles

Rat out of a cage
Thanks for supporting my position ... mighty White of you!

Most states and the Model Penal Code use the same basic definition of burglary, which is:

  1. An unauthorized breaking and entry
  2. into a building or occupied structure
  3. with the intent to commit a crime inside.
All of those elements must be present in order to convict a defendant of burglary.

Usually, states require that the structure be capable of either housing people or animals, or sheltering property. Houses certainly qualify under this definition, as do their outlying structures, such as garages and sheds. Stores and office buildings also qualify.

Breaking into a fenced-off area might not be sufficient, however, since such areas generally do not act as a shelter for people, animals, or property. For example, breaking into an amusement park's grounds after hours probably wouldn't meet the requirements for a charge of burglary, but breaking into a building inside the amusement park likely would.

The structure must also be closed to the public at the time of the burglary. If a person enters a store during its normal retail hours and steals an item from the shelf, the person has committed a shoplifting crime, and not a burglary. If, on the other hand, the person waits until after the store has closed, picks the lock on the front door and steals the same item, then a burglary has occurred.
 

Faceplanted

Well-Known Member
Thanks for supporting my position ... mighty White of you!

Most states and the Model Penal Code use the same basic definition of burglary, which is:

  1. An unauthorized breaking and entry
  2. into a building or occupied structure
  3. with the intent to commit a crime inside.
All of those elements must be present in order to convict a defendant of burglary.
Exactly. Thanks for proving my point that he committed burglary.

you don’t seem to understand the definition of intent.

amazing how the actual legal expert (the da) LITERALLY STATED THE VICTIM COMMITTED A BURGLARY ON CAMERA

I’ll go with a legal expert and not a ups worker.

also, convict is different than accused. You don’t seem to understand that either.
 
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Old Man Jingles

Rat out of a cage
Exactly. Thanks for proving my point that he committed burglary.

you don’t seem to understand the definition of intent.

amazing how the actual legal expert (the da) LITERALLY STATED THE VICTIM COMMITTED A BURGLARY ON CAMERA

I’ll go with a legal expert and not a ups worker.
A whole helluva lot better than you obviously!

In order for a break-in to constitute a burglary, the perpetrator must have the mental intent to commit a crime inside the building. Usually, this crime is theft, but other crimes can render a break-in a burglary as well.

The crime has to exist separately from the break-in itself. For example, if an individual uses fraud - which is a crime - to gain after-hours entrance to a building for the purpose of viewing a beautiful piece of art, no burglary has taken place since the only crime that occurred was the fraud used to gain entrance to the building. Of course, stealing the artwork would elevate the offense to one of burglary.

The timing of the intent can be important when determining the degree of a burglary charge. For instance, if a person intended to commit the crime in question before breaking into the building, most states will consider this to be a burglary of the first degree (more serious). If the person broke into a building and only subsequently formed the intent to commit a crime, most states will classify the burglary as second degree.
 

Faceplanted

Well-Known Member
A whole helluva lot better than you obviously!

In order for a break-in to constitute a burglary, the perpetrator must have the mental intent to commit a crime inside the building. Usually, this crime is theft, but other crimes can render a break-in a burglary as well.

The crime has to exist separately from the break-in itself. For example, if an individual uses fraud - which is a crime - to gain after-hours entrance to a building for the purpose of viewing a beautiful piece of art, no burglary has taken place since the only crime that occurred was the fraud used to gain entrance to the building. Of course, stealing the artwork would elevate the offense to one of burglary.

The timing of the intent can be important when determining the degree of a burglary charge. For instance, if a person intended to commit the crime in question before breaking into the building, most states will consider this to be a burglary of the first degree (more serious). If the person broke into a building and only subsequently formed the intent to commit a crime, most states will classify the burglary as second degree.
Oh and hey, can I call you black-ey since you called me whitey?

Pro-tip, I’m not white.
 

Faceplanted

Well-Known Member
I got an idea. How about I find a vacant vacation home in ga. We all throw in some money. We set aside a time for Old man jingles to enter the house. We call 911 and tell them of a burglary in progress. You up for it Old man jingles? Maybe we can set up a pot so you can set bond after explaining to the pd you didn’t break and law while reading them your ga statutes.

“I was just sitting down on the couch for some rest after a jog. I didn’t steal anything or plan on stealing”.

let’s see how it works old man jingles?

the police will 100% arrest you on burglary charges. It’s not up to the police or In the instance of the shooting the citizens to have 100 undeniable proof. It’s reasonable suspicion.
 

Old Man Jingles

Rat out of a cage
Thanks for supporting my position ... mighty White of you!

Usually, states require that the structure be capable of either housing people or animals, or sheltering property. Houses certainly qualify under this definition, as do their outlying structures, such as garages and sheds. Stores and office buildings also qualify.

Breaking into a fenced-off area might not be sufficient, however, since such areas generally do not act as a shelter for people, animals, or property. For example, breaking into an amusement park's grounds after hours probably wouldn't meet the requirements for a charge of burglary, but breaking into a building inside the amusement park likely would.

The structure must also be closed to the public at the time of the burglary. If a person enters a store during its normal retail hours and steals an item from the shelf, the person has committed a shoplifting crime, and not a burglary. If, on the other hand, the person waits until after the store has closed, picks the lock on the front door and steals the same item, then a burglary has occurred.

I got an idea. How about I find a vacant vacation home in ga. We all throw in some money. We set aside a time for Old man jingles to enter the house. We call 911 and tell them of a burglary in progress. You up for it Old man jingles? Maybe we can set up a pot so you can set bond after explaining to the pd you didn’t break and law while reading them your ga statutes.

“I was just sitting down on the couch for some rest after a jog. I didn’t steal anything or plan on stealing”.

let’s see how it works old man jingles?
Irrelevant once again ... the house in question was under construction and as such, does not have a CO (Certificate of Occupancy) and therefore, not capable of either housing people or animals, or sheltering property.

Your scenario of a vacation home is one that has a CO and would require opening a door to gain entry.
 

Faceplanted

Well-Known Member
Irrelevant once again ... the house in question was under construction and as such, does not have a CO (Certificate of Occupancy) and therefore, not capable of either housing people or animals, or sheltering property.

Your scenario of a vacation home is one that has a CO and would require opening a door to gain entry.
You said what I explained was 100% legal in ga. Now your back tracking.
 
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