Confinement as justifiable force

[txinvestigator]

I figured I would start my own thread about it to make sure it gets cleared up correctly. According to this section:

"Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense."


So, does this mean:

A. If someone breaks into my house during daytime, and he is not leaving the house even after I have drawn down on him, or if, God forbid I have to shoot him, if I find it necessary to ensure the safety of my family and I can I forcibly handcuff him until the police arrive?

B. Same question, but for nighttime.

C. If he has abandoned the attack to run out with my property during the nighttime, can I forcibly stop him from leaving my land and handcuff him to prevent him from leaving until the police arrive since it is at nighttime?

It says under "Deadly force to protect property", "B. To prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property."

Pretty much. You can arrest to prevent the consequences of theft, or for any felony or breach of the peace that occurs in your presence or view.

But remember, you only listed PART of the law in regards to using deadly force. You left out when and to the degree, you reasonably believed the deadly force was IMMEDIATELY necessary........

[txinvestigator]

Be aware though, that even if trained, handcuffing puts you in an extremely vunerable position. Crooks practice in prison how to disarm and assault LEO's during the handcuffing process.

I would be very cautious and do so ONLY as a last resort, and with someone else armed and willing to use deadly force against the BG if needed.

[jbirds1210]

It is worth mentioning that handcuffing is not at all easy, especially when someone does not want to be cuffed

This was a hard learned lesson for me (an elbow to the kisser and a chipped tooth) ....I agree with Tx that it puts the person cuffing is a very very vulnerable position and provides the person you are cuffing with a weapon. There has been more than one person beat to death or choked with handcuffs.

I would likely never attempt to do this alone unless it really was a last resort.
Jason

[Houston1944]

The bottom line is when you find a BG in your home there are really not many alternatives between waving goodbye to them as you allow them to leave and deadly force . You can talk about cuffs, OC spray, and other non lethal items but that is not practical for many of us. When you are not physically able to out muscle others you are left with deadly force or nothing. Keeping the BG at gunpoint while waiting on 911 to respond just gives him too many options, none of which work out well for the homeowner.

[Diode]

The bottom line is when you find a BG in your home there are really not many alternatives between waving goodbye to them as you allow them to leave and deadly force . You can talk about cuffs, OC spray, and other non lethal items but that is not practical for many of us. When you are not physically able to out muscle others you are left with deadly force or nothing. Keeping the BG at gunpoint while waiting on 911 to respond just gives him too many options, none of which work out well for the homeowner.

Me thinks I'll pull my weapon and back out slowly, hoping he leaves. Hope I never have to make that decission, eeek.

[64zebra]

I gave my $.02 on this in the other thread on using cuffs
and as for non-lethal use IN my house....
its my opinion that if a scumbag is in my house OC/taser/baton/etc is not an option (OC for obvious reasons, don't want to gas everyone in the vicinity). Unless I've made the mistake of letting the guy get up close and personal I won't be using anything except my 00 filled Mossy and one of my .45s
just my opinion

[txinvestigator]

I gave my $.02 on this in the other thread on using cuffs
and as for non-lethal use IN my house....
its my opinion that if a scumbag is in my house OC/taser/baton/etc is not an option (OC for obvious reasons, don't want to gas everyone in the vicinity). Unless I've made the mistake of letting the guy get up close and personal I won't be using anything except my 00 filled Mossy and one of my .45s
just my opinion

You would use deadly force on someone simply in your house, unarmed?

[Crossfire]

I had seen a pair of handcuffs at this gunshop I was shopping around in and I was wondering "why would somebody need a pair of handcuffs if they aren't a police officer?" This was before I took the class.

Handcuffs can also be used as a trigger lock device, except on your .45 with the solid trigger.

[flintknapper]

I had seen a pair of handcuffs at this gunshop I was shopping around in and I was wondering "why would somebody need a pair of handcuffs if they aren't a police officer?" This was before I took the class.

Handcuffs can also be used as a trigger lock device, except on your .45 with the solid trigger.

Glad to see someone else knows this!

In the case of a 1911 (weapon unloaded) you just run the cuff through the trigger guard (against the front of the trigger) and back around the rear of the slide (beneath the lowered hammer), cinch it up tight....and its secure.

[HighVelocity]

There's no way that I am putting myself at risk by making physical contact with a BG unless it's a last resort. Bloodborne pathogens can KILL YOU. That being said, when the cns is deactivated, confinement will not be a concern and all physical threats should be considered a biohazard.

[TxFire]

I own handcuffs and have them at home, but do not intend to use them except on a fully incapacitated individual. I do not intend to put myself into a postion to be overpowered. I've seen too many times the issue with trying to cuff someone who does not want to be cuffed. I usually get to treat the one who attempted to resist cuffing.

[Photoman]

[quote="txinvestigator
You would use deadly force on someone simply in your house, unarmed?[/quote]


If they leave, no.

If they stand still, no.

If they come at me, yes. I would be in fear for my life and the lives of my family members.

Distance is my friend.