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Posted: 5/22/2005 11:18:32 AM EDT
If I am in bed with the wife and I hear a noise and get up to investigate and there is a perp in my house do I have the right to engage the perp? I have heard it said that if you hurt them they can sue you so you'd better terminate them-is that true can they really sue you? Also I have read caes where the home owner shot the perp multiple times and then they were brought up on charges becuase they used excessive force( not sure if that is the right terminology) How is that so?
As a LEO whose side are you on>DA or Citizen? It may sound like an off the wall question but like when you are dealing with ( not people who have rap sheets for days or drug offenders) someone who just got caught cheating on their wive and she's upset why does the man always get arrested? Not for personal experience.
Link Posted: 5/22/2005 11:22:51 AM EDT

Originally Posted By 1pistola:
If I am in bed with the wife and I hear a noise and get up to investigate and there is a perp in my house do I have the right to engage the perp?



Generally regardless of state of residence, you have the right to use deadly physical force to defend yourself or a third party from death or serious physical injury. More so in your home than elsewhere. Each situation would rest on its own merits.


I have heard it said that if you hurt them they can sue you so you'd better terminate them-is that true can they really sue you?


Anyone can sure anyone. Whether they win or not depends on the facts of the case. Even if you "terminate" them ( you might as well ignore that word) their estate can sue you.

Also I have read caes where the home owner shot the perp multiple times and then they were brought up on charges becuase they used excessive force( not sure if that is the right terminology) How is that so?



See above.


As a LEO whose side are you on>DA or Citizen? It may sound like an off the wall question but like when you are dealing with ( not people who have rap sheets for days or drug offenders) someone who just got caught cheating on their wive and she's upset why does the man always get arrested? Not for personal experience.



Don't understand your scenario as it relates to arrest.

If you are in a deadly force situation, seek a lawyer. Don't expect anyone to be your friend.
Link Posted: 5/22/2005 11:27:47 AM EDT

Originally Posted By 1pistola:
If I am in bed with the wife and I hear a noise and get up to investigate and there is a perp in my house do I have the right to engage the perp? I have heard it said that if you hurt them they can sue you so you'd better terminate them-is that true can they really sue you? Also I have read caes where the home owner shot the perp multiple times and then they were brought up on charges becuase they used excessive force( not sure if that is the right terminology) How is that so?
As a LEO whose side are you on>DA or Citizen? It may sound like an off the wall question but like when you are dealing with ( not people who have rap sheets for days or drug offenders) someone who just got caught cheating on their wive and she's upset why does the man always get arrested? Not for personal experience.


I'm not a cop but,
What you can and can not do is dictated by state law/some cases local law. Some states have the requirement that you retreat untill you can no longer retrat before you can take action(IE: use lethal force) I don't agree with those laws though, thank god we don't have one like that. Some states don't allow the use of deadly force to protect property, some do. Not sur eif that includes somone comming in your house to steal stuff though. Best bet is to check local laws. I'd say write a letter to the DA aobut it and see what they say. But the one time I asked a DA to clarify something I was told that they can not offer legal advice, which isn't what I wanted, just clarification on a law.
Link Posted: 5/22/2005 12:25:39 PM EDT

Originally Posted By 1pistola:
If I am in bed with the wife and I hear a noise and get up to investigate and there is a perp in my house do I have the right to engage the perp?



A mother with children is far deadlier than a man with a gun...send your wife to deal with the evil-doer...he'll change his lawless ways real fast


Originally Posted By 1pistola:
I have heard it said that if you hurt them they can sue you so you'd better terminate them-is that true can they really sue you? Also I have read caes where the home owner shot the perp multiple times and then they were brought up on charges becuase they used excessive force( not sure if that is the right terminology) How is that so?



As said previous, anyone can sue in todays world, even without a reason.


Originally Posted By 1pistola:
As a LEO whose side are you on>DA or Citizen? It may sound like an off the wall question but like when you are dealing with ( not people who have rap sheets for days or drug offenders) someone who just got caught cheating on their wive and she's upset why does the man always get arrested? Not for personal experience.



I don't understand the question either, but presuming that you are talking about a Domestic Disturbance between a husband caught cheating and the wife that found out. In our Dept. it is standard that in an act of violence, the agressor goes to jail. No physical violence = we strongly urge seperation for the night, if we return then someone goes to jail. Does not matter what gender the aggressor is...actions are the deciding factor.

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