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Posted: 6/5/2003 7:07:36 PM EDT
Ok over the past 5 weeks stuff has been going on around my home. First 5 weeks ago I had a air compressor get stolen from me. Second the other day around mabey 3AM a 4cly car with loud exhaust road by and I swear I heard 2 shots being fired so when daylight came went outside checked the house and saw no holes so I shruged it off. Third last night someone got into my dad's car and tried to steal the radio the got the face off but could not get the radio out so they took a bag with some of his CDs in it for there trouble. I was not home when it happened but they said they heard a 4cly car with loud exhaust and some car doors but thought it might be some one next door. Call me paranoied (sp) but I think the 1st event and the last one might be the same people anyway I think who ever tried to get the radio last night will probably try to get it or something else again. My dad's car is parked in the street because both driveways are full. Would it be a good idea to go out side with a weapon and confront someone while they are trying to get in a car or take something from it? Even if no shots were ever fired would I be at fault for confronting him? And if god forbid worse comes to worse shots are fired would it be justified? Or again would I be at fault since I confronted him?
Link Posted: 6/5/2003 7:17:40 PM EDT
[Last Edit: 6/5/2003 7:20:48 PM EDT by Merril_B]
You are going to get a billion little plots and ploys as to what you "should" do. Just remember a couple of pretty basic things. RULE #1- NEVER TAKE ADVICE OFF THE INTERNET! Now that we got that out of the way... [;)] Any force you use that is deadly or threatens life or limb must be in response to a similar threat. You can't get into a fistfight and shoot the guy claiming self defense. You also can't shoot anyone for stealing from you. Some states have "fleeing felon" laws. You can't shoot the dude to stop him from getting off with your stereo. Remember that in most states, you are allowed to effect a citizens arrest. YOu can chase them, you can point a gun at them. If you can prove that the dude was in the act of commiting a crime, you can place him under arrest and hold him till the cops get there. You can't hold him at gunpoint and kick his ass to "get even", but you can make clear that he isn't to move until the police arrive. There was a case in Florida where a shopowner armed with an 870 chased two robbers who had just stolen from him. They stied to run him over, he capped through the windshield and killed one. No charges filed. It was in the act of a citizens arrest. However, [b]all outcomes may vary.[/b]
Link Posted: 6/5/2003 7:22:52 PM EDT
Just remember in most cases, The United States does not side with the law-abiding citizen.
Link Posted: 6/5/2003 7:28:19 PM EDT
Originally Posted By Merril_B: You also can't shoot anyone for stealing from you.
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ah man.. I thaught I could.. ! :( ps.. I live in the free state of Texas.. does that make a differance?
Link Posted: 6/5/2003 7:31:17 PM EDT
Originally Posted By cluster:
Originally Posted By Merril_B: You also can't shoot anyone for stealing from you.
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ah man.. I thaught I could.. ! :( ps.. I live in the free state of Texas.. does that make a differance?
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It might. All this shit varies from state to state. However, I wouldn’t put too much faith in a 1874 cattle rustling law to save my ass in front of a jury of soccer moms.
Link Posted: 6/5/2003 7:34:40 PM EDT
RULE #1- NEVER TAKE ADVICE OFF THE INTERNET!
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Belive him
Link Posted: 6/5/2003 7:35:05 PM EDT
[Last Edit: 6/5/2003 7:36:23 PM EDT by ar15bubba]
Of Course check your state's law.But... In Texas you can use deadly force to protect life and/or property during the nighttime hours. (Daytime is trickier and you would have more justification). This law has been put to the test. Several years back some kids stole this guy's car stereo in Houston during the night. The homeowner blasted the kid off of his bike when he was trying to flee and killed him. The grand jury did not indict the homeowner.
Link Posted: 6/5/2003 7:40:59 PM EDT
Originally Posted By ar15bubba: This law has been put to the test. Several years back some kids stole this guy's car stereo in Houston during the night. The homeowner blasted the kid off of his bike when he was trying to flee and killed him. The grand jury did not indict the homeowner.
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Ya can't really cite one specific instance, or two, or even ten. OJ Simpson cut his wife’s head off, and got away with it. I still wouldn't recommend anyone do it and use that instance as a gauge of a likely outcome.
Link Posted: 6/5/2003 7:43:53 PM EDT
Also .. just of the top of my head I recall a man shooting and killing a repo man taking his truck .. < did happen at night > no charges..
Link Posted: 6/5/2003 7:49:55 PM EDT
Dude! You were sitting inside the car and he ...!
Link Posted: 6/5/2003 7:55:24 PM EDT
I'm in texas, and i think the law says that if they are on your property at night, you can shoot them. i dont know about the law if they are breaking in your car. far as i am concerned, i'd shoot'em anyway.
Link Posted: 6/5/2003 7:56:31 PM EDT
[Last Edit: 6/5/2003 7:58:21 PM EDT by ar15bubba]
Ya can't really cite one specific instance, or two, or even ten.
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There is a little more to my stance than an anecdotal story: Texas Penal Code S9.42 Deadly Force to Protect Property - A person is justified in using deadly force against another to protect land or tangible, movable property: 2A)To prevent the other's iminent commsion of arson, burglary, robbery, aggravated robbery, or theft during the nighttime, or criminal mishchief during the nighttime; or 2B)to prevent the other who is fleeing immediatly aftercommiting burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property, if: 3)He reasonably believes that the land or property cannot be protected or recovered by any other means.
Link Posted: 6/5/2003 7:59:15 PM EDT
Check with a knowledgeable attorney in your state. Getting free legal advise from an internet message board sounds like a good way to end up rooming with a large guy named Bubba at state expense.
Link Posted: 6/5/2003 8:01:50 PM EDT
Is Yoda available?
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