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re: Chalk one up for the good guys!

Posted on 12/28/12 at 9:35 am to
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
30876 posts
Posted on 12/28/12 at 9:35 am to
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 by BrotherEsau
Member since Aug 2011
3509 posts
Posted on 12/28/12 at 9:44 am to
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).
Posted by stewie
Member since Jan 2006
3955 posts
Posted on 12/28/12 at 9:57 am to
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.

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