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by gigag04
Thu Aug 08, 2013 3:48 pm
Forum: The Crime Blotter
Topic: "Sliders" a growing problem
Replies: 65
Views: 8448

Re: "Sliders" a growing problem

RoyGBiv wrote:
gigag04 wrote:I think if we really want to be responsible in our use of DF, then the question is better framed "do I absolutely have to shoot this person doing XYZ"
(all my opinion)
I'm just curious where the hard stops are...

Count me among those that would not shoot to stop a fleeing burglar (I'm fairly well insured for most things), but it's always good to know (with certainty) that if some extraordinary situation emerged, where the boundaries exactly are...

So... Are 30.01, 30.02 and 30.03 all and each included in the 9.42 definition of "Burglary"?
I think when we can find ambiguity in the code, or LE policy, or legal interpretation....there are no hard stops. It would make LE OIS, and Self Defense shootings much easier to overlay an answer key to determine wrongdoing.

I also think the ambiguity of whether bmv is included in burglary (bmv is only non-felony burglary), would be decided in a court. I know you wouldn't disagree, but our world is setup where people that can successfully navigate the gray operate with common sense, will do well in these situations.
by gigag04
Thu Aug 08, 2013 2:05 pm
Forum: The Crime Blotter
Topic: "Sliders" a growing problem
Replies: 65
Views: 8448

Re: "Sliders" a growing problem

RoyGBiv wrote:
MasterOfNone wrote:"Burglary of a vehicle" and "Burglary" are NOT the same crime. Nor is one a subset of the other. Burglary is a crime under section 30.02, which does not include 30.04 (Burglary of a vehicle). They are commonly confused because "Burglary of a vehicle" sounds like a specific kind of "Burglary."
Are you suggesting that "Burglary of a Vehicle" doesn't meet the definition of "Burglary" in PC 9.42.??

I would certainly disagree.... "Burglary of a vehicle" is, IN MY OPINION, "Burglary"... But.. I am not a lawyer, just a guy that sleeps at HI Express occasionally.
Any TX legal eagles care to clarify :bigear:

Is "Burglary of a vehicle" (PC 30.04) included in the definition of "Burglary" in PC 9.42?
Noting that "Burglary" as defined by PC 30.01 is that of a "habitation or building".
IMO, 9.42 refers to any kind of Burglary and Section 30 provides definitions of several kinds of Burglaries that would ALL provide sufficient justification under 9.42.

Just my opinion. IANAL.
I'm going to go ahead and say you won't be found justified in using deadly force to shoot at someone stealing something from your car and running....during daylight hours.

At nighttime, if in the act, and not fleeing.....then MAYBE...

But those bullets would cost you more than anything most of us keep in our cars, including our cars themselves. I have always questioned the useage of CAN I shoot someone doing XYZ...

I think if we really want to be responsible in our use of DF, then the question is better framed "do I absolutely have to shoot this person doing XYZ"



(all my opinion)

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