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re: 17 yr old gets shot after sneaking into 14 yr old GF's house

Posted on 2/28/17 at 7:53 pm to
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/28/17 at 7:53 pm to
quote:

He was not an intruder


He was perceived by the father as an intruder.

It is the father's perception here which will determine if it is justified.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/28/17 at 7:57 pm to
quote:

A 14 year old doesn't have the legal authority to invite someone into a home she doesn't own. That authority can only come from the homeowner.


Incorrect. She is a resident and has authority. That is silly to think she cannot grant access.

Now that access can be denied by the owner, but the daughter also has some authority to grant access.


But that is a moot point.

What is important and what the case will hinge on is solely....what did the father perceive and was his perception reasonable.

Is it reasonable that he thought the victim was an intruder and his life or family was endangered? That is the question that will determine justification.
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 2/28/17 at 8:04 pm to
quote:

She is a resident and has authority.




As a resident of an apartment complex, does the owner have the right to ban people from my unit?

If 14 year old is on my Netflix account, does she have the legal right to give out my login to every kid in her class?


Posted by nc14
La Jolla
Member since Jan 2012
28193 posts
Posted on 2/28/17 at 8:07 pm to
Totally missing the main issue here.
Posted by Masterag
'Round Dallas
Member since Sep 2014
20260 posts
Posted on 2/28/17 at 8:08 pm to
quote:

Who you callin' friend, jackass


you fricked it up, padnuh!
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/28/17 at 8:10 pm to
quote:

As a resident of an apartment complex, does the owner have the right to ban people from my unit?

If 14 year old is on my Netflix account, does she have the legal right to give out my login to every kid in her class?


WTF?

If your 14 year old invites someone inside your house....you cannot have that person arrested for trespassing....why......because your 14 year old has some authority to grant access.


Now as the owner if you ordered the person to leave and they refused you have the authority to have the person arrested for remaining after forbidden.
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 2/28/17 at 8:12 pm to
quote:

because your 14 year old has some authority to grant access.

nice qualifier

reasonable person standard, says that she has no authority at that hour of the night
Posted by Rebelgator
Pripyat Bridge
Member since Mar 2010
40186 posts
Posted on 2/28/17 at 8:15 pm to
So, is curfew not a thing in GA?
Posted by RobbBobb
Member since Feb 2007
34401 posts
Posted on 2/28/17 at 8:15 pm to
quote:

If your 14 year old invites someone inside your house....you cannot have that person arrested for trespassing

Youre an idiot

A father had me arrested for being in house after school with his 16 year old. He called the cops from his job, and told them I didn't have his permission to be there.

After a knock on the door, guess what? Handcuffs

Stick to things you know
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/28/17 at 8:16 pm to
quote:

reasonable person standard, says that she has no authority at that hour of the night


Wrong.

As a resident, she legally has authority to grant access until the owner denies that access.
Posted by Rebelgator
Pripyat Bridge
Member since Mar 2010
40186 posts
Posted on 2/28/17 at 8:16 pm to
quote:

father had me arrested for being in house after school with his 16 year old. He called the cops from his job, and told them I didn't have his permission to be ther



Yeah, but you were 30 at the time.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/28/17 at 8:17 pm to
quote:

A father had me arrested for being in house after school with his 16 year old. He called the cops from his job, and told them I didn't have his permission to be there.

After a knock on the door, guess what? Handcuffs

Stick to things you know


You got fricked then.
Posted by Masterag
'Round Dallas
Member since Sep 2014
20260 posts
Posted on 2/28/17 at 8:19 pm to
quote:

reasonable person standard, says that she has no authority at that hour of the night


except the daughter is 14, and not subject to reasonable person standard because she was old enough to know exactly what she was doing and the repercussions. god i hope you're not a lawyer irl
This post was edited on 2/28/17 at 8:21 pm
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 2/28/17 at 8:20 pm to
quote:



As a resident of an apartment complex, does the owner have the right to ban people from my unit?

If 14 year old is on my Netflix account, does she have the legal right to give out my login to every kid in her class?


That's not how any of this works. First off, Netflix isn't even a location. Second of all, I think we can all agree a child is different than your landlord.
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 2/28/17 at 8:22 pm to
quote:

As a resident, she legally has authority to grant access until the owner denies that access.



Please, please tell me youre not a lawyer??

God, I hope not.

Any reasonable person would assume that he had denied her right to have someone in his house at that hour of the night. That notification did not need to be expressly given, nor even in writing

Just as a homeowner isn't required to post "No Trespassing" signs, on all their doors, windows, and skylights. Its a reasonable expectation
Posted by Peazey
Metry
Member since Apr 2012
25427 posts
Posted on 2/28/17 at 8:24 pm to
The kid was probably invited in by the daughter. You aren't an intruder if you are invited. It will never be known by anyone who wasn't there exactly how this played out. Maybe the father came in and thought the daughter was being raped or something. Maybe it really was a real misunderstanding. But if it wasn't a misunderstanding... the penalty for teenagers experimenting with sex shouldn't be death, and you are totally fricked if you think it should be.
This post was edited on 2/28/17 at 8:25 pm
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 2/28/17 at 8:31 pm to
quote:

except the daughter is 14, and not subject to reasonable person standard

And the 17 year old?


Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 2/28/17 at 8:31 pm to
quote:

The shooter only has to believe or perceive the person as an intruder
This is false.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112944 posts
Posted on 2/28/17 at 8:35 pm to
quote:

so this guy wakes up and finds someone in his house at 3 am and shoots him... but you think he woke up, figured out who he was, and decided to commit murder because he was meeting up with his young daughter?

You say that like it's an impossible story to believe that a dad in a fit of rage after possibly busting his daughter banging some older dude at 3am may shoot that dude.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 2/28/17 at 8:35 pm to
quote:

This is false.


How so?

The standard is based on the person's perception of whether or not he or his family is endangered and whether or not that perception is reasonable.
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