Understanding Georgia\’s Citizen\’s Arrest Law

Understanding Georgia\’s Citizen Arrest Law in the wake of the Ahmaud Arbery case

Georgia\’s citizen\’s arrest law has been in the spotlight lately due to the Ahmaud Arbery case. In the Arbery case, reports show that Ahmaud Arbery was jogging in a neighborhood in Brunswick, GA when two individuals, Gregory and Travis McMichael confronted him and shot and killed him. The McMichael\’s have claimed that they believed that Arbery was breaking into a home in the neighborhood and they were attempting to make a citizens arrest when Arbery was shot and killed. The Hannah Payne case currently pending in Clayton County, Georgia is another recent case where the defendant claims that they were attempting to make a \”citizens arrest\” that went awry. Hannah Payne claims that she witnessed a hit and run accident between the victim, Kenneth Herring and another driver. Payne followed Mr. Herring, blocked his car, confronted him, an altercation ensued and Mr. Herring was shot and killed.

Georgia\’s citizen\’s arrest law has been around since the 1800\’s, and while there have been various changes and amendments to the law, it is still on the books and many citizens in Georgia don\’t understand it. Police Officers go through extensive training to ensure that they understand the law so that they can effectuate proper arrests, and some of them still have problems in doing this. Yet, we have private citizens who have no training and don\’t understand this law attempting to arrest other citizens.; and just like in the Ahmaud Arbery and Hannah Payne case, many times things go wrong.

While it\’s best to call the police if you see a crime being committed, it is helpful for Georgia citizens to know and understand this law (at least until it is repealed…as it probably should be). The statute that covers citizen\’s arrest is O.C.G.A. 17-4-60, however Attorney Foster goes into a bit more detail in the video below in explaining the law.