What rights do I have?

[HoughMade]

My parents were married, too.

Mine too, but people keep calling me a name that suggests they weren't.

 

[Fargo]

Consider it in this light, it generally is not legal for the cops to shoot fleeing felons absent proximate danger to others. Do you think that the law is going to extend GREATER authority to use deadly force to the general populace? (Hint. It does not.)

Consider this as well, Tenn. v. Garner was about the shooting of what kind of fleeing felon?

 

[IN_Sheepdog]

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.....

Correct...

 

[Mark 1911]

You can not use deadly force where no threat exists. An intruder running out your door is no longer a threat.

Recently attended a class taught by attorney Guy Relford in Indy on handgun laws. Several INGO members attended. One lady asked a question in the form of a hypothetical situation. To paraphrase, intruder breaks in and rapes the woman who lives there. The woman has access to a gun but it's out of reach. The attacker finishes the crime and proceeds to exit the house. Now woman retrieves the gun. Can she legally shoot him as he runs out the front door? Answer was "not legally". But followed with comment, there is such a thing as prosecutorial discretion. The prosecutor might cut her some slack. You on the other hand, are you willing to risk it?

 

[Libertarian01]

To LANShark42,

As others have posted legally you cannot shoot someone unless you or someone else is in peril of life or limb.

THAT SAID, no one says Po-Po is the only one who can lie!

"Dude! IF you move one more inch I am going to think you are going for a gun! Stay still or die!"

"Mister, tonight you will meet the Judge or Jesus! Who you meet is up to you! If you get up off'n that floor the next thing ya'll see will be the pearly gates."

"Move one more inch Pilgrim and I'll blow yer F*n head off!"

"You can outrun me. Ya caint outrun Remington!"

"Son, don't make me kill you. Stay put and you get to see another sunrise."

"If'n I hafta tell ya' again, I ain't gonna tell ya again!"

"I'm scared and this is an itchy trigger finger. Don't move and you and I will both be happier tomorrow."

You get the idea. The goober doesn't know you are lying. Intimidation and misdirection may help you sleep a more peaceful sleep.

Regards,

Doug

 

[T-DOGG]

I say tie the perp up and make him watch re-runs of "The Nanny" featuring Fran Drescher's annoying laugh. Then he will beg you to call the police or possibly just shoot him and get it over with. Anything is better than that laugh of hers!

 

[Libertarian01]

I say tie the perp up and make him watch re-runs of "The Nanny" featuring Fran Drescher's annoying laugh. Then he will beg you to call the police or possibly just shoot him and get it over with. Anything is better than that laugh of hers!

To T-DOGG,

You just know we can't do that man! Cruel and unusual punishment is unconstitutional.

Doug

 

[LANShark42]

I say tie the perp up and make him watch re-runs of "The Nanny" featuring Fran Drescher's annoying laugh. Then he will beg you to call the police or possibly just shoot him and get it over with. Anything is better than that laugh of hers!

That show was best watched with the sound off, sort of like any bball game with Dicky V. announcing. But Fran had legs that just would not stop.

 

[Paul30]

The cell phone photo is a good idea but be aware, once he knows you have a photo his goal of possibly bolting will now be a goal of get that phone first since it will likely convict him. At that point, he may try to rush you instead of rushing for the door. It's still good to have evidence of the crime, pictures or video with audio is very good evidence. The video and audio evidence could actually be used against you too if you make a hollow threat to scare him then actually do have to shoot him. Asking him for his wallet would be a great form of evidence, since it would be hard to say you didn't commit the crime when your victim has your drivers license. Would demanding the criminals wallet at gun point be a crime since your only intent is to get his Identification? I guess you could specifically demand the drivers license only.

 

[Thor]

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?

IMHO, and what I would do, when he began raising his arms and yelling the story would end there if it was not already over. You have no idea he broke into your house to steal something...he might be there to eat your face rape your wife and roast your kids in the oven. Why would you even yell 'halt' 'halt or I will shoot' or anything else? You're not in the military following some convoluted ROE. He has already put you, your property, and you families safety and consideration out of his mind, why would you consider his.

If I was a criminal going for my gun the last words you would hear are don't shoot, I give up...sort of like the Martians in Mars Attacks...since that is what I would do I have to assume that is what he would do. When you and your families lives are in danger you must assume the worst case scenario...you can always stop killing him if the situation warrants and his running out the door would probably be one of those situations.

If it was my house and the perp did not immediately drop on his face and start squealing surrender he'd probably not have the option to walk away, my door is locked for a reason...if you violate that barrier you will find it was as much for your protection as mine.

But that's just my .02.

 

[Thor]

The cell phone photo is a good idea but be aware, once he knows you have a photo his goal of possibly bolting will now be a goal of get that phone first since it will likely convict him. At that point, he may try to rush you instead of rushing for the door. It's still good to have evidence of the crime, pictures or video with audio is very good evidence. The video and audio evidence could actually be used against you too if you make a hollow threat to scare him then actually do have to shoot him. Asking him for his wallet would be a great form of evidence, since it would be hard to say you didn't commit the crime when your victim has your drivers license. Would demanding the criminals wallet at gun point be a crime since your only intent is to get his Identification? I guess you could specifically demand the drivers license only.

Once you've gotten to this point I think letting the miscreant start rummaging around in his pockets is a really bad idea.

 

[XDS45]

I'd dial 911 and make the intruder tell the dispatcher that he broke into the house and to come and pick him up.Of course I would have my firearm pointed at said intruder so that he doesn't walk away.
I feel most intruders would be stunned if unarmed and forced to call the police on themselves. Just a thought.

 

[Ruffnek]

As has been said,take his photo.Best to start video recording ASAP (just make sure you don't act jack-bootish).Make him show you his ID if you can scare him into it.You won't shoot,but he didn't know that.

 

[Thor]

I'd dial 911 and make the intruder tell the dispatcher that he broke into the house and to come and pick him up.Of course I would have my firearm pointed at said intruder so that he doesn't walk away.
I feel most intruders would be stunned if unarmed and forced to call the police on themselves. Just a thought.

Getting close enough to someone who has broken into your home to share a phone is a big mistake. You need to stay out of arms reach...and preferably far enough away so if the perp decides to charge you you can take him out. You don't want to take the chance of this going from armed advantage to a grappling contest.

 

[Thor]

As has been said,take his photo.Best to start video recording ASAP (just make sure you don't act jack-bootish).Make him show you his ID if you can scare him into it.You won't shoot,but he didn't know that.

But I would shoot...