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The People
New Orleans Saints Fan
LSU Alumni
Member since Aug 2008
2716 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.

This post was edited on 2/13 at 7:44 pm


YNWA
Yale Fan
Member since Nov 2015
3466 posts
 Online 

re: Can you shoot someone that is breaking into your car in your driveway?
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


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10
Loup
McNeese State Fan
Broussard
Member since Apr 2019
766 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.


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White Bear
USA Fan
NWLA
Member since Jul 2014
5216 posts

re: Can you shoot someone that is breaking into your car in your driveway?
You have to let the bad guy shoot you first, esp if he’s disadvantaged.


shinerfan
LSU Fan
Duckworld(Earth-616)
Member since Sep 2009
16782 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.)


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10
EA6B
Navy Fan
TX
Member since Dec 2012
9804 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.


BeepNode
The City of Central
Member since Feb 2014
1559 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.


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10
greenbean
Mississippi St. Fan
MS
Member since Feb 2019
200 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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."


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10
shinerfan
LSU Fan
Duckworld(Earth-616)
Member since Sep 2009
16782 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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?


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theenemy
Arkansas Fan
Member since Oct 2006
11207 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.


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USA
Member since 2001
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CheEngineer
LSU Fan
Louisiana
Member since Aug 2019
587 posts
 Online 

re: Can you shoot someone that is breaking into your car in your driveway?
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 at 9:01 pm


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The People
New Orleans Saints Fan
LSU Alumni
Member since Aug 2008
2716 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.
This post was edited on 2/13 at 9:06 pm


theenemy
Arkansas Fan
Member since Oct 2006
11207 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.


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50
BabyTac
Louisiana Tech Fan
Austin, TX
Member since Jun 2008
6668 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.


EA6B
Navy Fan
TX
Member since Dec 2012
9804 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.


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YipSkiddlyDooo
Member since Apr 2013
2637 posts
 Online 

re: Can you shoot someone that is breaking into your car in your driveway?
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?


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BRgetthenet
USA Fan
Member since Oct 2011
112490 posts
 Online 

re: Can you shoot someone that is breaking into your car in your driveway?
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?


Megasaurus
Member since Dec 2017
550 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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 at 12:57 am


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30
SlickRickerz
LSU Fan
Member since Oct 2018
278 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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 ass

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.


Oneforthemoney
LSU Fan
New Iberia, La
Member since Dec 2013
391 posts

re: Can you shoot someone that is breaking into your car in your driveway?
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.



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