Ahmaud Arbery Update - Has My Position Changed?

Published on May 13, 2020
Duration: 18:19

Colion Noir, an expert in firearms law and instruction, thoroughly analyzes the Ahmaud Arbery case, focusing on Georgia's laws regarding criminal trespass and citizen's arrest. He concludes that based on the available evidence and legal statutes, the actions of the McMichaels were not legally justified, and Arbery was not committing a crime. Noir emphasizes the importance of proper legal procedure and the right to self-defense, urging viewers to advocate for Second Amendment rights.

Quick Summary

Colion Noir, an expert in firearms law, analyzes the Ahmaud Arbery case under Georgia law. He concludes that Arbery did not commit criminal trespass or burglary, as evidence showed him entering an unfinished house without force and leaving without theft. Furthermore, the citizen's arrest by the McMichaels was not legally justified as Arbery was not committing a felony, and their actions likely involved excessive force.

Chapters

  1. 00:00Initial Stance & New Information
  2. 00:30Surveillance Footage Summary
  3. 01:08Detailed Surveillance Analysis
  4. 01:43Criminal Trespass: Unlawful Purpose
  5. 03:57Criminal Trespass: No Notice/Departure
  6. 07:24Burglary Analysis
  7. 08:56Citizen's Arrest: Immediate Knowledge/Felony
  8. 12:29Citizen's Arrest: Escaping/Excessive Force
  9. 13:23Legal Expert Opinions & Conclusion
  10. 15:34Personal Thoughts & Call to Action

Frequently Asked Questions

Did Ahmaud Arbery commit criminal trespass according to Georgia law?

Based on Colion Noir's analysis of Georgia Code § 16-7-21, Ahmaud Arbery did not commit criminal trespass. The evidence showed him entering an unfinished house without force, not taking anything, and leaving when confronted, failing to meet the criteria for unlawful purpose or remaining after notice.

Under what conditions can a private citizen make an arrest in Georgia?

Georgia law (§ 17-4-60) allows private citizens to arrest if an offense is committed in their presence or immediate knowledge, and if the offense is a felony. The offense must also be one where the offender is escaping or attempting to escape.

Was the citizen's arrest of Ahmaud Arbery legally justified?

Colion Noir argues that the citizen's arrest was not legally justified. He states that Ahmaud Arbery was not committing a felony, and the McMichaels' actions, including the use of a firearm, likely constituted excessive force and an illegal act by the aggressors.

What is the legal difference between criminal trespass and burglary in Georgia?

Criminal trespass in Georgia typically involves knowingly entering property without authority for an unlawful purpose or remaining after notice. Burglary, a more serious felony, requires the intent to commit a felony inside a structure, a higher burden of proof not met by the evidence in the Arbery case.

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