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soooo someone broke into my truck..

Posted on 10/8/12 at 9:54 pm
Posted by thejudge
Westlake, LA
Member since Sep 2009
14036 posts
Posted on 10/8/12 at 9:54 pm
Stole a bunch of shite. Cut my grill and pulled the hood cable and disconnected battery before going in. I just installed a battery backup for my alarm ( I know late) but im wondering if I can shoot someone in my truck. I read it is legal and defensible in criminal court, but more than likely I lose civil case. Any insight would be great.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 10/8/12 at 9:55 pm to
quote:

more than likely I lose civil case


Especially when the prosecutor digs this thread up...

Not trying to be a dick or anything. As fricked up as it is you'd probably do time for it.
Posted by El Josey Wales
Greater Geismar
Member since Nov 2007
22710 posts
Posted on 10/8/12 at 9:59 pm to
Much less hassle to just buy more shite than to deal with legal issues surrounding shooting someone. Especially if they aren't in your house. Just keep rehearsing "I feared for my life".
Posted by Litigious Tiger
Actual Join date 2007
Member since Sep 2011
317 posts
Posted on 10/8/12 at 9:59 pm to
Not legal advice, but...

If I recall correctly you cannot use deadly force in defense of property unless there is also threat to life.

If the vehicle is parked, not sure the shoot the carjacker rule would apply...

Sorry to hear about your truck and your belongings.
Posted by hypnos
Member since Dec 2009
2227 posts
Posted on 10/8/12 at 10:05 pm to
Not in this state. I know exactly how you feel. When I first moved back here someone broke into mh truck and stole my favorite hunting knife and the .32 beretta tomcat I kept In there for my wife but left all the other valuables. I hope the fricker shot his dick off. But to top it all off three months later I get a letter from BRPD asking if I had found my gun so they could stop looking for it un fricking real.
Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124250 posts
Posted on 10/8/12 at 10:09 pm to
dont shoot them...pull a gun and tie them up and drag them behind your car with a rope and then piss and shite on his chests

or tell him to take him to where he lives...tie him up and let him watch you rape his wife
Posted by bapple
Capital City
Member since Oct 2010
11875 posts
Posted on 10/8/12 at 10:10 pm to
If you are in your car at the time of the attempted force entry, you are in the confines of the law to use deadly force.

But if you are not in your car at the time, it is obviously in the perps favor. Sorry bro...
Posted by faxis
La.
Member since Oct 2007
7773 posts
Posted on 10/8/12 at 10:10 pm to
You'd have to be in the vehicle in fear for your life. Otherwise, no. You'd go to jail.
Posted by Ole Geauxt
KnowLa.
Member since Dec 2007
50880 posts
Posted on 10/8/12 at 10:13 pm to
quote:

.pull a gun and tie them up and drag them behind your car with a rope and then piss and shite on his chests

or tell him to take him to where he lives...tie him up and let him watch you rape his wife

walt, you enjoyed saying all that way too much..

btw, jets making a game out of it...
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 10/8/12 at 10:20 pm to
Pretty sure there is a loop hole in law in LA that states if theft is on private property and is at night then lethal force is warranted.

If the perp were found with an otherwise untraceable lethal weapon with their prints on it after the shooting you would also be good.


Option 2 move to tx. Shoot fricker in yard. Call cops to clean up mess. Just know with civil law your life will still get turned upside down especially if perps skin hue is more than 1 shafe darker than yours.
This post was edited on 10/8/12 at 10:22 pm
Posted by Blue Velvet
Apple butter toast is nice
Member since Nov 2009
20112 posts
Posted on 10/8/12 at 10:25 pm to
quote:

tx. Shoot fricker in yard. Call cops to clean up mess.
Wish it was that way here.
Posted by SenseiBuddy
Ascension Parish
Member since Oct 2005
4443 posts
Posted on 10/8/12 at 10:30 pm to
Posted by faxis
La.
Member since Oct 2007
7773 posts
Posted on 10/8/12 at 10:43 pm to
quote:

Pretty sure there is a loop hole in law in LA that states if theft is on private property and is at night then lethal force is warranted.


Nope.
Posted by Bleeding purple
Athens, Texas
Member since Sep 2007
25315 posts
Posted on 10/8/12 at 10:49 pm to
I would have to go back and look it up but when yall had all the flooding last year and morganza was threatening to break there was a big thread about protecting your property. Nearly positive the nigh time caveat protects the home owner since the threat to life is more difficult to discern. On phone so cannot look up now.
Posted by faxis
La.
Member since Oct 2007
7773 posts
Posted on 10/8/12 at 10:51 pm to
Nope.

You can defend a life. Doesn't have to be yours. But that's the only way your castle doctrine rights come outside your castle. You can't kill someone over property.

Now you can confront them then suddenly fear for your life....
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 10/8/12 at 10:52 pm to
quote:

you can confront them then suddenly fear for your life


I've always been under the impression that confronting the perp would get you raped in civil court
Posted by faxis
La.
Member since Oct 2007
7773 posts
Posted on 10/8/12 at 10:53 pm to
Start getting into the Zimmerman shite at that point but you're not obligated to just let them take your shite. But if they run, and you shoot, you're going to jail.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
66763 posts
Posted on 10/8/12 at 10:55 pm to
quote:

you're not obligated to just let them take your shite


I always figured that doing anything other than hiding and calling the cops would land you jail time. Glad to know that is not the case.
Posted by SenseiBuddy
Ascension Parish
Member since Oct 2005
4443 posts
Posted on 10/8/12 at 10:58 pm to
Be armed. Confront. He runs fine, let him run. If He approaches you & u have a reasonable fear for ur life and if the perp has a means, intent & ability to harm u then you can use deadly force.

I am not a lawyer and I think this this close to accurate.

Dawg23 can get it much clearer.
Posted by faxis
La.
Member since Oct 2007
7773 posts
Posted on 10/8/12 at 10:58 pm to
Basically, if they don't cross the plane of your domicile/vehicle/or make it obvious they're a serious threat to your life/grievous bodily harm or someone else's, don't shoot them.

There may be some weird situations that you can twist it to look like that, but yeah, you're gonna be sued to death for it if you're lucky enough to avoid prosecution.

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