Ahmaud Arbery Update - Has My Position Changed?

Published on May 13, 2020
Duration: 18:19

Colion Noir re-evaluates his stance on the Ahmaud Arbery case following the release of new surveillance footage. He meticulously analyzes Georgia's criminal trespass and citizen's arrest laws, applying them to the available evidence. Noir concludes that based on the letter of the law and the facts presented, Ahmaud Arbery did not commit a crime, and the actions of the McMichaels were not legally justified.

Quick Summary

Colion Noir analyzes Georgia's criminal trespass law (§ 16-7-21) and citizen's arrest law (§ 17-4-60) regarding the Ahmaud Arbery case. He concludes that Arbery did not commit trespass as there was no unlawful purpose or notice to depart, and the citizen's arrest was not legally justified as trespassing is a misdemeanor and burglary was not established.

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's criminal trespass law (§ 16-7-21), Ahmaud Arbery did not appear to commit trespass. The video evidence did not show him acting with an unlawful purpose, nor was there evidence of him being given notice not to enter or remaining after being told to leave. The homeowner also confirmed nothing was stolen.

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

Colion Noir explains that Georgia's citizen's arrest law (§ 17-4-60) requires the offense to be a felony and committed in the arrester's presence or immediate knowledge. Since trespassing is a misdemeanor and burglary was not established, the McMichaels did not meet the legal criteria for a citizen's arrest.

What legal standard is required for burglary in Georgia?

In Georgia, burglary requires the intent to commit a felony. The surveillance footage of Ahmaud Arbery in a house under construction, showing him looking around but not breaking anything or stealing, did not provide evidence to infer an intent to commit a felony, thus not meeting the burglary standard.

What is the legal interpretation of the Ahmaud Arbery case by legal experts?

Legal experts, including criminal defense lawyer Jennifer Waugh, have indicated that the citizen's arrest law is not applicable to the circumstances of the Ahmaud Arbery case. They find no legitimate legal basis to use citizen's arrest to exonerate the individuals involved in the shooting.

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