Question about someone attempting to break in

[EXLINE]

Now I am a firm believer that I will not shoot someone unless I REALLY feel my life is in danger just not worth the risk. Anyway last night at about 3:00am I thought I heard something out my back door. Upon further investigation I notice that my locked screen door had been completely taken off and is still missing but my sliding door still locked. I have a storage area right by my back door and I also noticed how it was open and some things were scattered around then I look down and see a freshly smashed "Newport" cigarette on the ground. I want to know the legality of this, is this considered a break in or attempted break it? I know under Indiana law you can stand your ground and use deadly force if someone breaks in, but what about a attempted break in? Say someone shot through the sliding back door at them trying to break in? I would never would do that but just had me thinking. Just wanted to get some clarification. Thanks guys.


-EXLINE

 

[MisterChester]

Now I am a firm believer that I will not shoot someone unless I REALLY feel my life is in danger just not worth the risk. Anyway last night at about 3:00am I thought I heard something out my back door. Upon further investigation I notice that my locked screen door had been completely taken off and is still missing but my sliding door still locked. I have a storage area right by my back door and I also noticed how it was open and some things were scattered around then I look down and see a freshly smashed "Newport" cigarette on the ground. I want to know the legality of this, is this considered a break in or attempted break it? I know under Indiana law you can stand your ground and use deadly force if someone breaks in, but what about a attempted break in? Say someone shot through the sliding back door at them trying to break in? I would never would do that but just had me thinking. Just wanted to get some clarification. Thanks guys.


-EXLINE

IANAL but seems definitely at least an attempted break-in. If someone shot through your door, call 911 ASAP and tell the operator the situation and that you are armed and will defend your life if needed. You cannot shoot based on destruction of property alone, only if your life or someone else's is in jeopardy. But you have no duty to retreat. Also, NO warning shots.

 

[gregkl]

Not a lawyer but I did take a really good course on Indiana gun laws.

You can't use deadly force to protect your valuables that are in your storage area.

Unlawful entry is a little as pushing a door open and crossing the threshold without being invited in.

Shooting through the glass window to thwart a break in would probably get you in more trouble than the alleged robber.

Stand your ground means you do not have a duty to retreat in the face of a confrontation.

 

[MCgrease08]

I can't speak to the legality, but if in a similar situation and I knew someone was out there I would likely retreat to a bedroom, arm myself and call the police.

I would try to avoid making contact with the suspected thief. If I knew for a fact someone was in the shed I might yell out the window that I am armed and prepared to defend myself, police are on the way. If the sliding door opens then that's a different story. I would just hate to shoot a neighbor or one of his buddies drunk and trying to get into the wrong apartment.

 

[EXLINE]

I just noticed that my screen door had been removed that's what caught my eye. Then after the fact i noticed my shed was messed with which isn't that big a deal but taking off my screen door?! I just want to know if it is worth something by taking it or removing it to break it? I don't know.

 

[littletommy]

If it's an aluminum door, then yeah, they probably took it to scrap.

 

[Spike_351]

Now I am a firm believer that I will not shoot someone unless I REALLY feel my life is in danger just not worth the risk. Anyway last night at about 3:00am I thought I heard something out my back door. Upon further investigation I notice that my locked screen door had been completely taken off and is still missing but my sliding door still locked. I have a storage area right by my back door and I also noticed how it was open and some things were scattered around then I look down and see a freshly smashed "Newport" cigarette on the ground. I want to know the legality of this, is this considered a break in or attempted break it? I know under Indiana law you can stand your ground and use deadly force if someone breaks in, but what about a attempted break in? Say someone shot through the sliding back door at them trying to break in? I would never would do that but just had me thinking. Just wanted to get some clarification. Thanks guys.


-EXLINE

Personally I would have stayed prepared with my sights trained on the door and the majority of my body behind cover while a family member calls 911, if the venture through said door that's when you do what you have to do. But not until they are through your locked door.

 

[HavokCycle]

off topic a bit, but cigarette butts have DNA on them.

 

[Mark 1911]

If you haven't already reported this to the police, you should. If they messed with your place, they may very well have also hit other folks in your area and someone may have got a look at him. Who knows, maybe the police already have him. Be sure you add your incident to their list.

 

[nakinate]

Seeing as most thieves don't want a confrontation, I think that letting them know you are there, awake, armed, and cops on the way is the appropriate move. The legal trouble of shooting someone isn't worth it unless you or a love one is actually in danger. But, that's just my

 

[remauto1187]

You cannot shoot based on destruction of property alone, only if your life or someone else's is in jeopardy. But you have no duty to retreat. Also, NO warning shots.

You are not even remotely close.
IC 35-41-3-2 says: With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.
Indiana Code 35-41-3

 

[MisterChester]

You are not even remotely close.
IC 35-41-3-2 says: With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.
Indiana Code 35-41-3

Keyword:Reasonable

I would not fire my weapon if only my property is being destroyed. Call the police, have them arrested, press charges, get damages. I won't go to prison over replaceable items.

 

[nakinate]

People seem awfully eager to shoot people. I've never done it, hope I don't have to do it. If they are not in my house I can't see deadly force being a "reasonable" option.

 

[remauto1187]

Didnt say I would shoot someone over my lawn mower....just quoted the law and thats all.

 

[Bunnykid68]

Didnt say I would shoot someone over my lawn mower....just quoted the law and thats all.

I might, my lawnmower puts food on the table. Don't mess with my food

 

[Somemedic]

I believe it was last year near Carmel but some fool wad in the middle of prying open a door on a lady's residence. She had children with her and it was late at night. She fired through the door and killed the man. She didn't know him and he had a pry bar tool in his hand. It was surmised that she had dispatched him while he was in the middle of a crime. The incident was posted here on the site. IIRC she was never charged... and rightfully so.

A turdass thief stealing a door from your residence could easily be misconstrued as a bad man attempting to break in. IAAL but it would seem from the aforementioned case one could argue the bad guy seemed to be breaking in so I feared for my life and defended my family

 

[nakinate]

I believe it was last year near Carmel but some fool wad in the middle of prying open a door on a lady's residence. She had children with her and it was late at night. She fired through the door and killed the man. She didn't know him and he had a pry bar tool in his hand. It was surmised that she had dispatched him while he was in the middle of a crime. The incident was posted here on the site. IIRC she was never charged... and rightfully so.

A turdass thief stealing a door from your residence could easily be misconstrued as a bad man attempting to break in. IAAL but it would seem from the aforementioned case one could argue the bad guy seemed to be breaking in so I feared for my life and defended my family

That is good precedence to know about. I'll have to research it more.

 

[Denny347]

off topic a bit, but cigarette butts have DNA on them.

Without a database it is useless. Sure, a few felons get buccal swabbed but in most cases we must have a subject sample already to compare them to.

 

[BehindBlueI's]

off topic a bit, but cigarette butts have DNA on them.

...and with no known suspect to compare it to and the cost of getting a DNA sample and comparing it against "unknowns", and the lack of evidentiary value of just a cigarette butt it'll never be tested.

 

[88GT]

People seem awfully eager to shoot people. I've never done it, hope I don't have to do it. If they are not in my house I can't see deadly force being a "reasonable" option.

Deadly force isn't based on "where." Just ask Zimmerman.

Incidentally, no one's life is worth more than my stuff if he's trying to steal it from me.