What rights do I have?

[LANShark42]

This brings up a question I've had. Let's say my home is broken into. I hear the noise, grab my gun and get the drop on the BadGuy (BG). He raises his arms and say "Don't shoot." I have my son call the po-pos and now we wait. BG gets ansy and decides to leave. At this point, neither our lives nor property are in danger. What recourse do I have. I can either watch the BG leave or shoot him. Legal options?

 

[dmarsh8]

Why would you shoot them if they are running away??? or "leaving"

 

[LANShark42]

Why would you shoot them if they are running away??? or "leaving"

In this scenario, this person broke into my home with the intention of stealing my property. I'd rather he not get away scott-free...

 

[ultra...good]

You have the right to shoot them.
You have the right to face charges for shooting them.
You have the right to watch them leave.

You have the right to do whatever you want, really. No matter what you do there will be consequences and likely some regret.
Being in a position to shoot someone is a place that I hope to never end up, justified or not.

 

[MCgrease08]

No you can't legally shoot an intruder if he's fleeing from your home.Now if you're holding him at gunpoint and he makes a sudden and threatening move toward you, well that may be a different story.

 

[SSGSAD]

IANAL, and I did NOT sleep in the Holiday Inn, last night ..... If you, or someone else, is NOT in immediate threat of GREAT BODILY HARM, or DEATH, you must let them leave ..... ask Kirk.....

 

[dmarsh8]

In this scenario, this person broke into my home with the intention of stealing my property. I'd rather he not get away scott-free...

 

[chezuki]

I'd rather he not get away scott-free...

So your intention is to punish him with bullets? The prosecutor is going to love you.

 

[HoughMade]

Do you want to defend yourself or play junior jackboot? Holding a guy for some indefinite time is not something I would be real interested in.

 

[LANShark42]

I asked a simple question - what are my options. I take it from your answers that you all would allow this person who just broke into your home to leave unmolested. Fine. Thank you for your responses.

 

[lovemachine]

I asked a simple question - what are my options. I take it from your answers that you all would allow this person who just broke into your home to leave unmolested. Fine.

Why would anyone want to molest someone that just broke into your home?

 

[dmarsh8]

Why would anyone want to molest someone that just broke into your home?

 

[Ammo]

I understand your dilemma. You want the intruder prosecuted to the fullest extent for breaking into your house. But you don't want to shoot an unarmed intruder while he is running away.

Sad part is that the perp has rights. If you tie him up, will that be considered detaining him against his will?

And no, not tying him up to molest him....

 

[Bill B]

This brings up a question I've had. Let's say my home is broken into. I hear the noise, grab my gun and get the drop on the BadGuy (BG). He raises his arms and say "Don't shoot." I have my son call the po-pos and now we wait. BG gets ansy and decides to leave. At this point, neither our lives nor property are in danger. What recourse do I have. I can either watch the BG leave or shoot him. Legal options?

After five minutes of holding him, call the police back and say "never mind, just send the coroner" they'll be right there.
But seriously, if the dude is leaving, let him leave.

 

[eachitandi]

take his picture with your cell phone before he leaves...when Leo asks what he looked like, say "THIS!"

 

[dprimm]

Take Guy's class on Indiana Law. He discusses this.

 

[devil07]

Sad part is that the perp has rights. If you tie him up, will that be considered detaining him against his will?

IANAL:
Since he has broken into your home(a felony) to steal(another felony, which raises the first to Burglary) or commit some other felony, the detention against his will would be covered by a "citizen's arrest". However, actually managing to physically restrain him, alone, while maintain control of and protecting your firearm is not an easy thing. Especially for the untrained and improperly equipped (how many non-LEOs keep handcuffs around the house? And, no, the fuzzy/furry ones you got at the the store you've "never heard of" don't count). Effectively restraining someone with a belt/rope/zipties is not a one-handed operation, nor quick.

Also, I concur with the some of the above. Absolutely do NOT shoot if he's running away/fleeing, the threat is over. Shooting someone in the back, especially if he's running away, is a very quick way to end up in the clink. (yes, there are exceptions to every general rule)

 

[Frank_N_Stein]

I asked a simple question - what are my options. I take it from your answers that you all would allow this person who just broke into your home to leave unmolested. Fine. Thank you for your responses.

There are a lot of people that I deal with that deserve to receive immediate punishment for crimes they have committed. Not providing them that punishment if they don't do something to justify it is the right (and legal) thing to do. It sucks sometimes, but thats just how it works.

 

[Dead Duck]

[video=youtube;VCbW7Gkgu2U]https://www.youtube.com/watch?v=VCbW7Gkgu2U[/video]

 

[HoughMade]

I asked a simple question - what are my options. I take it from your answers that you all would allow this person who just broke into your home to leave unmolested. Fine. Thank you for your responses.

Sounds like you will be satisfied with one answer- shoot him. Go ahead. If you can convince the constabulary, prosecutor and court you were acting in self defense or someone stopping a trespass or criminal interference with your property BY KEEPING THE PERSON THERE, have at it. You do not have the right to prevent a person from fleeing by using deadly force unless you have probable cause to believe the person has committed a felony AND you would be justified to use deadly force under the self defense laws....and how you do that when it is clear that the person is fleeing, I do not know.


Why would I not stop a person from fleeing if I was sure that is what he was doing? Because him being there with me is infinitely more dangerous than him NOT being there. My goal is survival in those moments, not community improvement. Taking any actions to forcibly prevent him fleeing endangers the life and health of me and any other person there. It also endangers my freedom.