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Message
re: Chalk one up for the good guys!
Posted on 12/28/12 at 8:59 am to stewie
Posted on 12/28/12 at 8:59 am to stewie
quote:
There is a bounty of case law in Louisiana and across the country stating that you, as the homeowner, have an obligation to warn the intruder before shooting in self-defense.
I have a hard time believing this. It was never mentioned in any class Ive taken. It was recommended when you dont know the intent of the person, but if theyre in your house and you feel your life is threatened ( and I would if any intruder was in my house) you can kill.
1
Posted on 12/28/12 at 9:07 am to JohnLSU
quote:
Man, I don't know, yeah the guy entered his home and refused to exit.. So he say. The guy is 22 years old with a license, young kids tends to do stupid shite.. Could he have been itching to shoot the first person he got a chance to. Why in the head? Why not on the shoulders or legs or some placement less life threatening and take his arse to jail? Was the burglar armed? Could he have been lying about the guy refusing to leave. If you got caught doing something and you been warned to leave common sense would tell you to back up and go not continue to enter the guys home. Or did he not warned the burglar and took the shoot and asked questions later approach.. These are questions the jury will go through.
Dead men tell no tales.
Posted on 12/28/12 at 9:09 am to Langston
There's not a jury or DA in LA that would even consider trying a man for shooting someone in his house
Posted on 12/28/12 at 9:12 am to stewie
quote:
There is a bounty of case law in Louisiana and across the country stating that you, as the homeowner, have an obligation to warn the intruder before shooting in self-defense
references in LA please?
case law in other states is irrelevant as each state is different..
in LA you are wrong... very wrong.
Posted on 12/28/12 at 9:13 am to mylsuhat
murica 
Posted on 12/28/12 at 9:15 am to stewie
quote:
Yes, I did read it. I wasn't responding to what the homeowner did in this instance.
There were people in this thread saying that they would just blast away, without warning.
I said, hey...becareful, you can be a victim in hot water under the law
You are right, and I thought this was common knowledge,but apparently isn't the case in LA, it was certainly covered in my CC class. To be legally in the right it's as simple as
"Stop or I'll shoot!"
*bang bang bang bang bang bang bang bang bang bang bang bang bang bang bang bang bang bang bang bang*
eta Italicized the edit
This post was edited on 12/28/12 at 9:17 am
Posted on 12/28/12 at 9:18 am to CoastieGM
quote:
quote:
--------------------------------------------------------------------------------
but how much will he have to spend defending himself from civil suits.
--------------------------------------------------------------------------------
Not a penny. Few attorneys in Harris County will even consider taking that kind of case.
Happened in BR about 20 years ago. Man breaks into a woman's house in Old Goodwood and tries to rape her. She pulls her .38 and shoots the guy, paralyzing him from the waist down. She gets sued because the guy, a construction worker, can no longer earn a living in the construction trade (I'm sure after his release from prison). Don't know how the suit turned out, but I'm sure the guy got something just to make the suit go away.
Posted on 12/28/12 at 9:21 am to Tchefuncte Tiger
quote:
Happened in BR about 20 years ago. Man breaks into a woman's house in Old Goodwood and tries to rape her. She pulls her .38 and shoots the guy, paralyzing him from the waist down. She gets sued because the guy, a construction worker, can no longer earn a living in the construction trade (I'm sure after his release from prison). Don't know how the suit turned out, but I'm sure the guy got something just to make the suit go away.
actually may have been in 80s......
and MANY attorneys would take that case..
Posted on 12/28/12 at 9:23 am to Tchefuncte Tiger
quote:
Don't know how the suit turned out, but I'm sure the guy got something just to make the suit go away.
And Im sure she had pay spend a good bit of money defending herself in the civil case.
Posted on 12/28/12 at 9:23 am to Tchefuncte Tiger
La has a solid castle doctrine law that creates various presumptions in favor of the homeowner, and basically says if someone is forcibly entering the house the homeowner's life is presumed to be threatened.
La also has an excellent law that forbids lawsuits by the perpetrator who is shot or killed by a homeowner. They can sue, but it will get tossed out almost immediately.
La also has an excellent law that forbids lawsuits by the perpetrator who is shot or killed by a homeowner. They can sue, but it will get tossed out almost immediately.
Posted on 12/28/12 at 9:27 am to BrotherEsau
And you still better lawyer the eff up.
No comment to the po-po other than:
"my life was in danger and I want to talk to my attorney right effin' now"
Don't be a fool.
No comment to the po-po other than:
"my life was in danger and I want to talk to my attorney right effin' now"
Don't be a fool.
Posted on 12/28/12 at 9:30 am to stewie
quote:
There is a bounty of case law in Louisiana and across the country stating that you, as the homeowner, have an obligation to warn the intruder before shooting in self-defense.
So you are saying that in Louisiana, that you have to warn someone who forcibly entered your house before you shoot them???
I will bet you $100 that you are wrongPosted on 12/28/12 at 9:34 am to VetteGuy
Never said you shouldn't. If I ever shoot anyone, that's my first call after the cops.
Posted on 12/28/12 at 9:35 am to Tigerpaw123
quote:
There is a bounty of case law in Louisiana and across the country stating that you, as the homeowner, have an obligation to warn the intruder before shooting in self-defense.
So you are saying that in Louisiana, that you have to warn someone who forcibly entered your house before you shoot them??? I will bet you $100 that you are wrong
nevermind the rest of the country..... show us case law references in LA....
Posted on 12/28/12 at 9:44 am to choupiquesushi
If there is any such case law in La it is old and no good. Intruder does not even need to be armed or actually in your house. Only requirement is that he be forcibly entering. In that case, homeowner is presumed to be in fear of his life and can shoot.
The gas did the exchange student in BR years back has good civ and criminal opinions that analyze all this. One should not do what that guy did (shoot a kid in a costume on Halloween for knocking on his door).
The gas did the exchange student in BR years back has good civ and criminal opinions that analyze all this. One should not do what that guy did (shoot a kid in a costume on Halloween for knocking on his door).
Posted on 12/28/12 at 9:57 am to choupiquesushi
quote:
nevermind the rest of the country..... show us case law references in LA....
Will do when I get the chance to do a little research on the computer, not gonna waste time trying to do it on my iPhone.
quote:
So you are saying that in Louisiana, that you have to warn someone who forcibly entered your house before you shoot them??? I will bet you $100 that you are wrong
I never said that this applies in every home invasion.
What happens when you blast a 13 year old boy playing "capture the flag" because he accidentally stumbles into your back porch and tries to get into your house thinking it is his friends.
There are presumptions in civil law (and arguably criminal), in Louisiana, to protect homeowners in these instances. However, they are only mere presumptions and not conclusionary.
Posted on 12/28/12 at 10:00 am to stewie
quote:
I never said that this applies in every home invasion.
What happens when you blast a 13 year old boy playing "capture the flag" because he accidentally stumbles into your back porch and tries to get into your house thinking it is his friends.
Come on man, thats the best BS you can come up with?
Posted on 12/28/12 at 10:00 am to stewie
quote:
nevermind the rest of the country..... show us case law references in LA....
Will do when I get the chance to do a little research on the computer, not gonna waste time trying to do it on my iPhone.
quote:
So you are saying that in Louisiana, that you have to warn someone who forcibly entered your house before you shoot them??? I will bet you $100 that you are wrong
I never said that this applies in every home invasion.
What happens when you blast a 13 year old boy playing "capture the flag" because he accidentally stumbles into your back porch and tries to get into your house thinking it is his friends.
There are presumptions in civil law (and arguably criminal), in Louisiana, to protect homeowners in these instances. However, they are only mere presumptions and not conclusionary.
you were wrong in your original statement as it applies to Louisiana..... You said LA has to warn...
don't try to spin away from your WRONG original comment now..
BTW.. there is a fairly recent case in LA very similar to the one you just referenced.. Homeowner was in the right for shooting...
Posted on 12/28/12 at 10:14 am to mylsuhat
Posted on 12/28/12 at 10:28 am to choupiquesushi
quote:
you were wrong in your original statement as it applies to Louisiana..... You said LA has to warn...
My apologies for writing it as a blanket statement, I was responding to a situation presented by previous posters. The comment was written in context to what they stated and NOT intended as a firm rule of law applicable in every situation.
IMPORTANT NOTE : this is NOT legal advice telling you what you should do in the event of a home invasion. Do as you feel necessary to protect yourself and loved ones based on the circumstances presented.
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