Can you use deadly force to stop someone breaking into your

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C-dub
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Re: Can you use deadly force to stop someone breaking into y

#46

Post by C-dub »

gigag04 wrote:The car burglars I deal with run, not fight. They way to catch is to box them in, and find them when they lay down to hide.

Shooting someone like this leaves too much ground for unfavorable headlines - which won't help you in Grand Jury or trial. Technically, if it meets the elements of justification, then it may be allowable.

However, I would strongly deter anyone from doing so. The risk/reward just doesn't weigh out for me.

This is the only violence I have heard of from a burglar, happened a few months ago:
One of our LTs who was on swat walked up to a guy breaking into the toolbox on his truck. The guy grabbed a screwdriver from the toolbox and held it like a knife at our LT. Our LT, in running shorts, no shirt, and flip flops, lunged at him, swatted the screwdriver away, and he took off running. He chased this dude for about half a mile barefoot, and then a citizen picked him up while driving by, and they followed the burglar in the citizen's truck, and called patrol. He was caught. Charged with Agg Asslt Deadly Weapon - Peace Officer, since our LT identified himself as an LEO prior to the screwdriver incident.

Another good lesson - carry always, and wear fast shoes.
We have that other thread going about a FF identifying himself as an FBI agent. Anyone can say they are a LEO, but if they don't have a uniform and or badge do we really have to believe everyone that says they are? I'm only asking because I have a hard time with charging someone for a crime against a LEO if he isn't on duty or very obvious.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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WildBill
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Re: Can you use deadly force to stop someone breaking into y

#47

Post by WildBill »

C-dub wrote:
gigag04 wrote:The car burglars I deal with run, not fight. They way to catch is to box them in, and find them when they lay down to hide.

Shooting someone like this leaves too much ground for unfavorable headlines - which won't help you in Grand Jury or trial. Technically, if it meets the elements of justification, then it may be allowable.

However, I would strongly deter anyone from doing so. The risk/reward just doesn't weigh out for me.

This is the only violence I have heard of from a burglar, happened a few months ago:
One of our LTs who was on swat walked up to a guy breaking into the toolbox on his truck. The guy grabbed a screwdriver from the toolbox and held it like a knife at our LT. Our LT, in running shorts, no shirt, and flip flops, lunged at him, swatted the screwdriver away, and he took off running. He chased this dude for about half a mile barefoot, and then a citizen picked him up while driving by, and they followed the burglar in the citizen's truck, and called patrol. He was caught. Charged with Agg Asslt Deadly Weapon - Peace Officer, since our LT identified himself as an LEO prior to the screwdriver incident.

Another good lesson - carry always, and wear fast shoes.
We have that other thread going about a FF identifying himself as an FBI agent. Anyone can say they are a LEO, but if they don't have a uniform and or badge do we really have to believe everyone that says they are? I'm only asking because I have a hard time with charging someone for a crime against a LEO if he isn't on duty or very obvious.
IANAL, but the DA must prove that the actor knew that the person was an LEO. Most crimes against LEOs have lesser and included charges to which defendants are offered plea bargains.
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OrangeAnimal
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Re: Can you use deadly force to stop someone breaking into y

#48

Post by OrangeAnimal »

Well after reading all four pages of this I feel the need to post.

I would confront the burglar, and kindly notify him it's in his best interest to leave without my stuff or car. The police are on the way.

Of course all this hinges on the fact that either I am awake when it happens or they or our dog makes enough noise to wake me LOL. I try hard not to leave anything in the car that I want to keep. I clean it out regularly and don't even have loose change inside. Chances are they wouldn't get anything. Unless they really wanted the factory radio or wheels.
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