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Started By
Message
re: Deadly force to protect property not legal in this state
Posted on 5/18/11 at 11:08 am to RummelTiger
Posted on 5/18/11 at 11:08 am to RummelTiger
quote:
I'm pretty sure that I remember reading that we can shoot a thief no matter what. Are you sure about this law? Has it been changed recently?
Here's the law:
LINK
The way I read it, you can use deadly force to
a) protect life
b) protect your home from invasion while you are in the home
c) against someone who is trying to use unlawful force against a person in a dwelling or motor vehicle to rob them
So cases where you could NOT use deadly force:
a) you see someone breaking into an unoccupied building
b) you see someone stealing from your shed
c) you see someone stealing from your neighbors shed
d) you see someone stealing from an occupied building but they are not using unlawful force against persons in that building
Of course, as far as I know, in all cases if someone is stealing your property, you can use reasonable force to detain them until arrest. What constitutes "reasonable" in a case where the cops might not show up for days is kind of hard to pin down though.
This post was edited on 5/18/11 at 11:10 am
1
Posted on 5/18/11 at 11:13 am to IndianRed
Opening the Morganza is no more deadly force than keeping the river on its current path. You can't logically be against opening the spillway for this reason and for the river flowing past Baton Rouge and New Orleans. I can sympathize with that viewpoint, however impractical it may be.
Posted on 5/18/11 at 11:14 am to PaddlingTiger
quote:
We got robbed one time while we were out. I distinctly remember our sherrif, Bill Poe, coming to the house after we were robbed and telling us that in Louisiana, you can't shoot someone who is trying to rob you if they are not in your house and you are scared for your life.
If you're reasonable afraid for your life you can use deadly force. For instance if you see someone outside your house, on your property, with a firearm, attempting to illegally enter - you can shoot them outside the house. Or if the person is a Japanese foreign exchange student that showed up at the wrong house for a Halloween party, apparently then its OK, too.
The key is whether or not a reasonable person is afraid for their life. If you see an unarmed man going into your shed to steal something, and especially if your shed is not even close to the house - its not reasonable to assume your life is in danger.
I'm sure Sheriff Poe really likes the fact you've told the whole internet about how he advised you to destroy evidence and commit perjury, BTW.
This post was edited on 5/18/11 at 11:15 am
Posted on 5/18/11 at 11:15 am to Big McLargeHuge
quote:
Opening the Morganza is no more deadly force than keeping the river on its current path. You can't logically be against opening the spillway for this reason and for the river flowing past Baton Rouge and New Orleans. I can sympathize with that viewpoint, however impractical it may be.
Posted on 5/18/11 at 11:19 am to Tchefuncte Tiger
quote:
Disagree. I'm shooting them if they're in my house. How do you know that all they want is your "tv or something."
Easy to say but keep in mind that even a justified shooting can easily ruin your life. Legal fee's, house clean up, media bias, corrupt law enformcement, harassment from the dead guys family, etc are all possibilities. I'd pull the trigger in a heart beat to protect my family but not to keep someone from carrying off a tv.
In my house with no kids to worry about, I'm not even leaving the bedroom if the alarm goes off. Call 911 and stay in between the door and my wife. He tries to kick down a locked door then its on, otherwise let the law handle it.
One other thing. Everyone always seems to assume that if they get in a gun fight with someone that they'll win. If theres more than one intruder and all are armed, it can get ugly real quick. Stop and think before you go charging off through the house with the AR.
Posted on 5/18/11 at 3:32 pm to AlxTgr
Alxtgr:
really? so enlighten me. exactly how many years have you been practicing tort law?
really? so enlighten me. exactly how many years have you been practicing tort law?
Posted on 5/18/11 at 3:36 pm to JudgeHolden
quote:
exactly how many years have you been practicing tort law?
17 years.
Posted on 5/18/11 at 3:38 pm to AlxTgr
22!
Posted on 5/18/11 at 3:39 pm to JudgeHolden
OH LOOK WE'VE GOT A BIG DICKER IN THE THREAD!
Posted on 5/18/11 at 3:43 pm to JudgeHolden
quote:
22!
I can point out some seminars if you need a refresher
Posted on 5/18/11 at 3:47 pm to SCUBABlake
just because you won't get prosecuted under criminal law does not mean you are in the clear. the standards differ. district attorney might not prosecute you, but the person you shoot or his survivors will. so ask yourself. is it worth putting everything you own at risk in order To save your tv?
I will stop here because I have learned never to argue with a fool. He will drag you down to his level and beat you with experience. so fire away if you want to.
I will stop here because I have learned never to argue with a fool. He will drag you down to his level and beat you with experience. so fire away if you want to.
Posted on 5/18/11 at 3:51 pm to JudgeHolden
quote:The lawyer's version of "loser's limp".
I will stop here because I have learned never to argue with a fool. He will drag you down to his level and beat you with experience. so fire away if you want to.
Posted on 5/18/11 at 3:58 pm to AlxTgr
if you're not a fool address the merits. are you likely to get sued if you shoot someone? is justifiable homicide under criminal law an affirmative defense under tort law? is your insurance going to defend you, even under a reservation of rights? how are you going to overcome the insurance coverage defensed? do tell mister seminar
Posted on 5/18/11 at 4:00 pm to JudgeHolden
has anyone ever told you you sound like a pompous, self-absorbed prick?
if not, I'm fricking shocked.
if not, I'm fricking shocked.
Posted on 5/18/11 at 4:04 pm to SCUBABlake
maybe. but I'm not lying to people by telling them that they can shoot someone and get away with it.
Posted on 5/18/11 at 4:07 pm to JudgeHolden
soooo... you're saying I am?
Posted on 5/18/11 at 4:07 pm to SCUBABlake
Nope.
Posted on 5/18/11 at 4:09 pm to JudgeHolden
look, there i law and there is the real world. if you shoot some body, even if you're right it is going to f*** up your life. that make me a pompous self absorbed p**** for saying so? so be it.
Posted on 5/18/11 at 4:10 pm to JudgeHolden
just the way you were approaching it. just sayin'
Posted on 5/18/11 at 4:11 pm to JudgeHolden
quote:It's spelled out earlier in the thread. "Shoot someone"? That's all? What are they doing? Did they enter my dwelling or are they taking my mower? You are wasting our time and being a toal arse while doing it.
if you're not a fool address the merits. are you likely to get sued if you shoot someone? is justifiable homicide under criminal law an affirmative defense under tort law? is your insurance going to defend you, even under a reservation of rights? how are you going to overcome the insurance coverage defensed? do tell mister seminar
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