What can I do?

[eagle359]

I know that in Louisiana if you are in your home and a person forces entry you can use deadly force to defend yourself. What if you come home and you find that somebody is in your house? The smart thing would be wait for the popo. But what can I do from a legal stand point?


John

 

[atc26]

I agree with you … “the smart thing would be wait for the popo.”

 

[gsneff]

unfortunately, you can't put them in the ground unless they're a threat to you. you can't use lethal force to protect property. all you can do is call 911 and wait. you could if you're brave and have a damn good attorney go in and attempt to make a citizens arrest. i say have a good attorney because if things go south or you get startled and pop the guy you could get prosecuted because it could look like you used lethal force to protect property. guns are only allowed to be used to protect your life or to protect yourself from serious harm. thats how i understand the aw anyways.

 

[sraiford]

Check your laws.... This is from the Alabama Castle Doctrine:
(4) In the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, or occupied vehicle, or federally licensed nuclear power facility, or is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility, or is attempting to remove, or has forcefully removed, a person against his or her will from any dwelling, residence, or occupied vehicle when the person has a legal right to be there, and provided that the person using the deadly physical force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring. The legal presumption that a person using deadly physical force is justified to do so pursuant to this subdivision does not apply if:

a. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

b. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;

c. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

d. The person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.

..... Me, I'm securing my family then going in. My house is my sanctuary. I would like to see some stats on how many buglaries are solved, convictions made, and property returned to the rightful owner.

 

[SpeedRacer]

The key word is DEFENSE. Leaving a safe situation to confront a criminal is an offensive move. Have fun in court.

Not saying I think it's right, just saying that's the way it is. I'd call the police and wait. Don't forget to tell the dispatcher you have a gun, it seems to magically make LEOs get there faster.

Remember folks, stuff is just stuff. If they were armed, I'd help someone load my **** into their van before I'd start a gunfight with them. I think when we play out these little fantasies in our head, we often forget about the fact that we can LOSE the fight. When your family is watching you bleed out in the front lawn...how important will that TV you were defending really be?

 

[eagle359]

I have read the law. The phrase that gives me concern is "lawfully inside". It is clear to me that if I am at home and you try to gain entry-you may have a problem. What is unclear is may I use force to cause you to leave if you gain entry while I am not home but I arrive before you leave. Like I said the "smart" thing to do is call it in and wait.

 

[Quickdraw22]

The one thing to remember - do not shoot to wound. Legshots will only get you in prison. The dead cannot testify against you in court.

Also, take this however you wish. If you do ever decide to confront someone that is in your home, and you end up shooting him, he BETTER have a weapon in his hand when the police show up. Screwdriver, knife, bat, gun - it doesn't matter.

The courts are not in our favor. It's a shame.

DAVE

 

[Suburbazine]

Why would the courts need to know he was in the house first? The moment you set foot in the house, you're in your own domain. Bad guy is in it...no need for you to retreat at that point, even if it means the bad guy needs to run across the greater distance of the house to escape.

 

[Guate_shooter]

Damm this is one of those touchy subjects I see, IMO I would secure my family and then make entry, bad thing about it is that like a lot of the people who frequent this site I have more than one toys inside my house that could be used against me. Yes like everybody else I feel my house, my rules I should be able to do what I want and protect it in the process, unfurtunelty seems the laws around the world protect the criminals "he was a human being who deserve to live" is something that chaps my behind. This is one of those cases were I wished I had some c4 wired and just let the fireworks begin, no more bad guy and insurance can build another one, but I guess thats just a wish LOL, also just like QUICKDRAW mentioned make sure if you make that decition to make entry your stage of mind has to be set that BG is inside and he will not surrender himself because u soo pretty, he has done this more than once unlike you and if forced to use deadly force make sure its DEADLY. Its easier to win a case when there is only 1 side to the story.

 

[eagle359]

My John Wayne days are well passed. This was just an aspect of the law that I am unsure of. Trust me, if my wife is not in the house-it is wait for the popo. Thanks for your time and replies.

 

[spanky]

If you come home and someone is inside, you're best off (if you know the house is otherwise unoccupied) to stay outside and call the cops. Only use force if it is necessary to defend life or limb.

 

[Yrdawg]

Ck out the trespass law ( the new one )

You have the legal right to cause some one to leave your property, whatever it is.

You have the right to escalate to hands on to cause them to leave, if they object you are legal to meet force with force

Best advice is to call the cops, lawyers are WAY too expensive. I think it should be clear cut but bet it won't be

If the popo have the least doubt they'll prolly file something on you and THEY already have a lawyer

 

[my-rifle]

Not in Jefferson Parish where I live. The police are on the side of the homeowners. Here folks plug trespassers, and the police routinely let it pass. Any parish that presses charges against a homeowner protecting his home is really f%*#ed in my opinion. You should move here if that's the case.

 

[CEHollier]

Puncture their tires. Wait for the police. Shoot if threatened.

 

[charliepapa]

What I would do would depend on whether or not I knew someone was in the house before I walked in. I would definitely call the police and wait if I knew beforehand but on the other hand, if I walk in and someone surprises me... well, that's a different story. At that point I'm not sure it would matter because I'd assume if someone had broken into my house, he would not think twice about causing me harm, thereby justifying his own homicide.

 

[BUSTER48]

The one word that is consistent in this thread, “Lawyers”. Shakespeare was right

 

[RNshooter]

According to my security training, most of you have it right.

Lethal force is only justified to defend yourself (and others) from imminent harm (perpetrator has weapon and attacking, like pointing his/her gun at you, or has a knife and is approaching)- Life not Property (of any kind) can be defended with lethal force.

If in doubt, "don't do it" (you going on the offense) at home or else where. If you HAVE to shoot something, use a camera!, dial 911 or leo.

 

[charliepapa]

OK, but if I'm in my house, I have to wait until I see a weapon? It may be too late for me by then if my quick-draw is off a little that day. If I am surprised by someone in my house whether I'm there first or come in behind him, he most likely be in no shape to testify against me. I think I would feel like he was there with the intention of liberating my property from me AND doing whatever he had to in order to leave with it, which of course includes causing me harm.

 

[my-rifle]

I think you'd be OK plugging the guy as long as you can make a plausible case of being unaware when you entered the house that there was an intruder inside. Once you're inside the house, I can't imagine a Louisiana jury convicting you of manslaughter for plugging a home invader. Just remember that once he's dead there's only one witness to the event. If he's alive ...