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re: Colorado pair arrested after allegedly setting booby trap up outside their home

Posted on 3/17/23 at 2:11 pm to
Posted by hoojy
In the fridge with my hot sauce.
Member since Nov 2013
10692 posts
Posted on 3/17/23 at 2:11 pm to
The article doesn't state whom the trap was set for.

Home invaders or porch pirates: get fricked

Sales people: too far
Posted by 75503Tiger
Member since Sep 2015
4821 posts
Posted on 3/17/23 at 2:12 pm to
I will bet inside the house officers found nothing of any value.

Posted by fr33manator
Baton Rouge
Member since Oct 2010
130481 posts
Posted on 3/17/23 at 2:16 pm to
Question:



If it was clearly signed as a hazard area, could one simply have a "dangerous machine" that may or may not maim people?
Posted by Tupelo
Member since Aug 2022
1624 posts
Posted on 3/17/23 at 2:25 pm to
quote:

quote:
while conducting business at a home



aka soliciting houses door to door. Im ok with this. My biggest concern is that a kid or dog would set it off accidentally.


The article doesn't state what his business was, perhaps soliciting, perhaps casing the house. There was a large sign stating "Posted No Trespassing", so he ignored that. Yes, the concern is a child, fireman, etc. could get hurt.
Posted by Odysseus32
Member since Dec 2009
8620 posts
Posted on 3/17/23 at 2:33 pm to
quote:

If it was clearly signed as a hazard area, could one simply have a "dangerous machine" that may or may not maim people?


Not a lawyer and no google here, but my thought is no. A person would know that having anything that dangerous on your property, with our without signage, that isn't in the reasonable course of day to day activities isn't acceptable.

There's no reason to have a trip wire with explosives other than to maime someone.

A lawyer could probably explain more accurately, but there are no loopholes around hurting someone else when the injury was manifested by something of malicious intent.

The person who sets up the trip wire has no idea who is going to come across it. A kid could have been going to get their ball and tripped it.
Posted by MardiGrasCajun
Dirty Coast, MS
Member since Sep 2005
5719 posts
Posted on 3/17/23 at 2:37 pm to
quote:

fireman


Yep, glad these losers are OK with a fireman getting blown up trying to save their arse or saving a child from burning to death in the middle of the night. Idiots. Some of these posters are beyond dumb.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
282533 posts
Posted on 3/17/23 at 2:37 pm to
quote:

You can't just setup booby traps on your property


To hell you can't
LINK
This post was edited on 3/17/23 at 2:39 pm
Posted by hoojy
In the fridge with my hot sauce.
Member since Nov 2013
10692 posts
Posted on 3/17/23 at 2:39 pm to


Well deserved, frick porch pirates.

Only thing better would an explosion like 30 times more powerful.
Posted by James11111
Walnut Creek, Ca
Member since Jul 2020
5295 posts
Posted on 3/17/23 at 2:40 pm to
quote:

You're pissing off a lot of sovereign citizens it seems.


Not really; people on here like to pretend they are, but In reality they piss their pants every time they get a notice from their HOA.
This post was edited on 3/17/23 at 2:44 pm
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
282533 posts
Posted on 3/17/23 at 2:41 pm to
quote:


Well deserved, frick porch pirates.

Only thing better would an explosion like 30 times more powerful.


There's more powerful ones out there.

You can set booby traps on your property and at times its a good thing.
Posted by Odysseus32
Member since Dec 2009
8620 posts
Posted on 3/17/23 at 2:50 pm to
quote:

You can set booby traps on your property and at times its a good thing.


I don't know specifics about the video you posted, so excuse ignorance here.

These are blanks, and they don't look like they're hitting anyone. I only have accountant law (and it was 2 years ago), but what we learned in our most basic law class was no harm, no foul. You can't sue someone for pulling out in front of you and nearly sideswipping you. Might the same logic apply here? It looked like the blank fired was nothing more than deterrent by noise.

Comparing scaring someone with a blank and a literal trip wire with explosive is disingenuous. These are not the same things.

What is frightening is that because it was someone people deem as unworthy of sympathy, everyone is in agreement that its okay. That demonstrates a fundamental misunderstanding of why we have laws in the first place. It isn't up to the jury to decide whether or not a victim got what was coming to them morally, it's up to the jury to put aside bias and go by the letter of the law, precisely because determining whether or not justice was served based on anything other than objectivity would result in catastrophe depending on what the popular narrative in society is at the time.
This post was edited on 3/17/23 at 2:53 pm
Posted by hoojy
In the fridge with my hot sauce.
Member since Nov 2013
10692 posts
Posted on 3/17/23 at 2:54 pm to
quote:

someone people deem as unworthy of sympathy


[sic] Guilty as charged.

If the laws locked them up, then we be having this thread.
Posted by nitwit
Member since Oct 2007
12849 posts
Posted on 3/17/23 at 3:00 pm to
Any first year law student would be aware of Katco v Briney, an old case where a spring gun is set up as a booby trap for intruders.
The intruder can sue and recover from the property owner for using devices calculated to cause bodily harm in order to protect property.
Generally, bodily injury cannot be employed to protect property, but can be used when one reasonably fears immediate harm to themselves or other humans. Same concept as self defense.
Posted by notiger1997
Metairie
Member since May 2009
60827 posts
Posted on 3/17/23 at 3:34 pm to
I can see how setting a booby trap like this outside your home is the wrong thing to do.

I'm very interested on how the court cases end up proceeding with people setting up things inside their cars to hurt thieves. A guy in Nola set up a small flash bang or something and it blew up in a thugs face. I think he got in a little trouble.

I have no problem with the idea of setting up traps inside a vehicle.
Posted by Odysseus32
Member since Dec 2009
8620 posts
Posted on 3/17/23 at 3:34 pm to
quote:

Generally, bodily injury cannot be employed to protect property, but can be used when one reasonably fears immediate harm to themselves or other humans. Same concept as self defense.


This was what my thoughts were, but, like I said, all my law classes were accounting specific.

This seems like something you shouldn't have to explain to grown people. You can't hurt someone and just say "my property, my rules."
Posted by atxfan
Member since Jul 2004
3796 posts
Posted on 3/17/23 at 3:51 pm to
quote:

You can't just setup booby traps on your property


This really ruins the movie Home Alone for me.
Posted by LetTheTigerOut
Member since Dec 2019
764 posts
Posted on 3/17/23 at 3:53 pm to
(no message)
This post was edited on 3/23/23 at 9:26 pm
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
68297 posts
Posted on 3/17/23 at 5:51 pm to
Tripwire Mission FAILED.
Posted by lake chuck fan
westlake
Member since Aug 2011
18350 posts
Posted on 3/18/23 at 10:09 am to
quote:


You can't just setup booby traps on your property. Even in castle doctrine, you don't get the final say on what constitudes an intruder


Not doubting your correct, I'm not a lawyer, but the no trespassing sign carries no weight?
What's the point of having trespassing laws if they don't apply?
Posted by mmcgrath
Indianapolis
Member since Feb 2010
36635 posts
Posted on 3/18/23 at 12:00 pm to
quote:

There was a large sign stating "Posted No Trespassing", so he ignored that.
I'm not a lawyer, but I am pretty sure that door to door sales is not considered "trespassing".
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