- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Can you shoot someone that is breaking into your car in your driveway?
Posted on 2/13/20 at 7:43 pm to TheCaterpillar
Posted on 2/13/20 at 7:43 pm to TheCaterpillar
Short version: It’s a very slippery slope. The devil is in the details.
A new burden has been established following the controversial shootings involving Trayvon Martin and Alton Sterling that you need to take into account when weighing the risk: Was the shooting morally justified?
The Sterling case represents the failure by the officer to reach that burden (as determined by the community) where it occurred, which led to a series of events that a rational person would conclude that the decision to use the deadly force was clearly not worth.
Although legally the use of deadly force on Sterling was upheld, the moral standard was not met. Salamoni lost his job, identity, and much more as a result. The public did not believe the threat he faced was imminent enough, therefore the shooting was morally premature. Although armed, they didn’t believe Sterling was attempting to harm the two officers that were dominating him and on top of him.
Making a split second decision to use deadly force is tough. You better be right.
A new burden has been established following the controversial shootings involving Trayvon Martin and Alton Sterling that you need to take into account when weighing the risk: Was the shooting morally justified?
The Sterling case represents the failure by the officer to reach that burden (as determined by the community) where it occurred, which led to a series of events that a rational person would conclude that the decision to use the deadly force was clearly not worth.
Although legally the use of deadly force on Sterling was upheld, the moral standard was not met. Salamoni lost his job, identity, and much more as a result. The public did not believe the threat he faced was imminent enough, therefore the shooting was morally premature. Although armed, they didn’t believe Sterling was attempting to harm the two officers that were dominating him and on top of him.
Making a split second decision to use deadly force is tough. You better be right.
This post was edited on 2/13/20 at 7:44 pm
2
Posted on 2/13/20 at 8:09 pm to TheCaterpillar
It's cheaper to let them break in, doors probably unlocked or they have new tech to let them in, and nab a few dollars in change than terminate a life. Go through legal system. More than likely shoot up your car in the process which probably won't be covered by insurance etc. etc
Posted on 2/13/20 at 8:17 pm to TigerstuckinMS
quote:
Don't shoot unless you have to.
This cant be stressed enough. We ain't in the wild west anymore.
Thanks for being a bit more eloquent about my point. Yeah, it would feel good to light a thief up but if you can get out of a situation alive without pulling the trigger it is a win.
Posted on 2/13/20 at 8:17 pm to TheCaterpillar
You have to let the bad guy shoot you first, esp if he’s disadvantaged.
Posted on 2/13/20 at 8:27 pm to White Bear
I'm not sure how it would play out legally but a shotgun shell full of rock salt will send them to the hospital with little risk of death. (So long as you're not dealing with some hardass cartel gunman it's going o hurt badly enough they'll think they're really shot.)
Posted on 2/13/20 at 8:39 pm to coachbush
quote:
your vehicle is an extension of your home,
This is a often repeated belief that is wrong in most cases. Your vehicle is a constitutionally protected area, but differers from your home in many significant ways. For example law enforcement officers cannot search your home without a warrant, searching your car requires only probable cause which is subject to liberal interpretation. Depending on a state’s particular laws you may be restricted as to how a firearm my be stored or transported in your car, where there would be no restriction of what you may do with firearms in your home. You can have sex in your living room with the drapes open in the middle of the day with no issue, do that in your car in the Walmart parking lot you would likely be charged with displaying lewd conduct. The number of differences is long.
Posted on 2/13/20 at 8:42 pm to TheCaterpillar
No, and I'm not even sure you can do it in Texas, either. I think you have to be in the car when it is happening. A person breaking into your car while you're inside isn't a reasonable threat to your life.
Posted on 2/13/20 at 8:49 pm to munchman
quote:
Keep unregistered Saturday night special.
Place in their dead hand.
Make sure you know if right or left handed.
Lol
Every good cop has a untraceable "throw down gun."
Posted on 2/13/20 at 8:53 pm to EA6B
quote:
Your vehicle is a constitutionally protected area, but differers from your home in many significant ways. For example law enforcement officers cannot search your home without a warrant, searching your car requires only probable cause
This makes sense when your car is on a publicly maintained road but would that still be the case when your car is sitting in your driveway?
Posted on 2/13/20 at 9:00 pm to The People
quote:
A new burden has been established following the controversial shootings involving Trayvon Martin and Alton Sterling that you need to take into account when weighing the risk: Was the shooting morally justified?
No...no...no....no.
A new burden was not established. You may want to think so but it is not.
The burden is still...when you reasonably perceive that your life is in endangered or you are
in danger of great bodily harm...deadly force is justified...period
Because some people might get upset doesnt mean a damn thing.
Posted on 2/13/20 at 9:00 pm to TheCaterpillar
Officer I was in fear for my life. The deceased said if I called the police he would come back and kill me and my entire family and when I started to call the police he attacked me we wrestled and I shot him.
This post was edited on 2/13/20 at 9:01 pm
Posted on 2/13/20 at 9:03 pm to theenemy
If the new burden doesn’t exist, why isn’t Darren Wilson still a police officer in Ferguson, Missouri?
Why isn’t Blane Salamoni still a police officer in Baton Rouge, Louisiana?
I believe in the rule of law as much as anyone, but to ignore the pink elephant in the room is ignorant.
Why isn’t Blane Salamoni still a police officer in Baton Rouge, Louisiana?
I believe in the rule of law as much as anyone, but to ignore the pink elephant in the room is ignorant.
This post was edited on 2/13/20 at 9:06 pm
Posted on 2/13/20 at 9:21 pm to The People
None of them found guilty.
When your life is in danger...you don't stop and think about if people are going to get upset.
You protect yourself.
The burden is still based solely on protecting yourself from a reasonable threat of death or great bodily injury....that is the only established burden.
When your life is in danger...you don't stop and think about if people are going to get upset.
You protect yourself.
The burden is still based solely on protecting yourself from a reasonable threat of death or great bodily injury....that is the only established burden.
Posted on 2/13/20 at 9:43 pm to TheCaterpillar
Not sure about La, but in Texas if you have a no soliticitation sign, then they are officially trespassing. Yes, fire away. Say they were threatening you.
Posted on 2/13/20 at 11:00 pm to BabyTac
quote:
Not sure about La, but in Texas if you have a no soliticitation sign, then they are officially trespassing. Yes, fire away. Say they were threatening you.
In Texas you can protect property from thief with lethal force, no threat to your life is required, see the case of John Horn who killed two men who were robbing his neighbor’s house after the 911 operator told him to take no action, he was acquitted.
Posted on 2/13/20 at 11:07 pm to mylsuhat
quote:
Unless they point a gun at you
What if it’s actually the tumbler from my car and I mistake it for a gun? Like the cops do sometimes?
Posted on 2/13/20 at 11:25 pm to LSUcajun77
quote:
There isn’t one of them with a pair of nuts to pull a trigger. It’s loud dudes on a message board.
I know one buddy in Lakeview that would and has shot at people breaking into cars and he doesn’t hangout on the OT
Gino?
Posted on 2/14/20 at 12:49 am to TheCaterpillar
quote:
Can you shoot someone that is breaking into your car in your driveway?
No....
Unless you wish to spend LOTS of $$$ and possibly go to the penitentiary, or both.
*this does not include confronting an armed OR violent thug breaking into your car ... That is different.**
This post was edited on 2/14/20 at 12:57 am
Posted on 2/14/20 at 1:43 am to ColeLSU
quote:
Hold them at gun point or physically restrain if you up for it.
But just shooting an unarmed person on the property may get you in trouble, even tho I think you should be able to. But to be legal they have to be inside to cap their arse
But your vehicle is an extension of your house is Louisiana, so wouldn't it be once they are inside your vehicle it would be the same as them inside your house, which then gives you the right to defend yourself from bodily harm. Most likely the person breaking in, will be armed with tools such as a crowbar, screw driver, anything that could be lethal if you were stabbed by it.
Posted on 2/14/20 at 10:03 am to mylsuhat
quote:
Can you shoot someone that is breaking into your car in your driveway?
You can not
Unless they point a gun at you
2 options
Option one, shoot them and then plant a filed off serial number gun on them
Option 2 Taze them. drag them into your house. Let them stand up and then pull out the gun and shoot them.
Page 7 of 9
Back to top
Follow TigerDroppings for LSU Football News