Castle Law?

Deerslayer440 · Apr 22, 2018

Is the castle law not in effect anymore?
And if it is,does it stipulate that you don't have to retreat?

Anyone know the statue or rs code on the new ,updated laws
regarding trespassing ,etc of property?

It seems as though people are getting dumber by the day and
seem to think they wont get their A$$ beat or worse for trespassing
on peoples property.

Are the po po just getting lax om it due to no room at the inn?

Instinctshot · Apr 22, 2018

From my recollection, LA has a castle doctrine with no duty to retreat. I can look up the specific statute. Contrary to popular belief, it doesn’t apply to someone breaking into your car. The bad guy usually needs to be doing something to make you fear for your life. Killing someone breaking into your car is murder because you were protecting property and not human life.

Instinctshot · Apr 22, 2018

https://www.legis.la.gov/legis/Law.aspx?d=78338

Instinctshot · Apr 22, 2018

Section A defines what is allowed in a shooting.
Section B is your castle doctrine
Section C states “no duty to retreat”

Deerslayer440 · Apr 22, 2018

I have that one..but is that what they are calling the castle? I thought
it was specified at the beginning as castle.

Thanks

Instinctshot · Apr 22, 2018

I think the law extends the castle doctrine to motor vehicles or not but it’s vague whether you have to be in the car or if you can see it happening.

Deerslayer440 · Apr 22, 2018

I read that before and just now again.But I was under the assumption,
their were new laws this year and the castle doctrine was changed.I hope
Im wrong.

Instinctshot · Apr 22, 2018

Instinctshot · Apr 22, 2018

It looks unchanged. California even has a castle doctrine. I don’t think our’s is changing any time soon.

When in doubt, if you’re in fear for your life or someone else’s, you’re usually within the letter of the law.

Deerslayer440 · Apr 22, 2018

Yea,I have that as well.

My question may need to be answered by an attorney or an leo.

I'm wanting to know,,lets say a stranger,you do not know,comes
pouncing in your yard and acting crazy,screaming.hollering and
saying he is going to gut you like a fish..per say.

No matter why he has decided to enter your property should not
be applicable,to me anyway.

Whats the thought process when a sheriff comes to your home
determining if you needed to use deadly force.I don't know if
this guy had a knife,gun,etc.

I'm just curious,one of my old buddies had something happen cple
days ago.I cant find it now,could you put that in an http link for me,,
thanks man

Deerslayer440 · Apr 22, 2018

I read and well understand the laws.But as my buddy said.
it seems as though each leo have their own version.

He also asked,do you think leo should have at least 6 months of law training?

I told him,I thought that should have been indited years agooooo. lolo

thperez1972 · Apr 22, 2018

Deerslayer440 said:
Yea,I have that as well.

My question may need to be answered by an attorney or an leo.

I'm wanting to know,,lets say a stranger,you do not know,comes
pouncing in your yard and acting crazy,screaming.hollering and
saying he is going to gut you like a fish..per say.

No matter why he has decided to enter your property should not
be applicable,to me anyway.

Whats the thought process when a sheriff comes to your home
determining if you needed to use deadly force.I don't know if
this guy had a knife,gun,etc.

I'm just curious,one of my old buddies had something happen cple
days ago.I cant find it now,could you put that in an http link for me,,
thanks man

Are you asking what is justified in that situation or are you asking if action would be covered under the castle doctrine?

Deerslayer440 · Apr 22, 2018

thperez1972 said:
Are you asking what is justified in that situation or are you asking if action would be covered under the castle doctrine?

Exactly.What does determine as justified,per say ,in your mind?
As an officer.I know what the law says.But that doesnt mean hill
of beans when it comes to an officer at your home deciding on the
spot.

Should a decision or is a decision made then or if it is not clear,arrest
everyone,let the judge decide.Im confused in the mind set of leo on
scene.Each one seems to have their own thoughts.

In my theory,it is apparent that no decision be made esepcially
considering 15 different endings.

It seems as though ,the officers are not well versed enough in law
to be making any decisions effecting peoples lives in my eyes.

Train officers in law? Short term training,perhaps.25 leo should not
have 25 different ideas of the law.AGree?

I would like as many leo answer as possible.What their train of
thought is when encountering a situation such as that.

KDerekT83 · Apr 22, 2018

Deerslayer440 said:
Yea,I have that as well.

My question may need to be answered by an attorney or an leo.

I'm wanting to know,,lets say a stranger,you do not know,comes
pouncing in your yard and acting crazy,screaming.hollering and
saying he is going to gut you like a fish..per say.

No matter why he has decided to enter your property should not
be applicable,to me anyway.

Whats the thought process when a sheriff comes to your home
determining if you needed to use deadly force.I don't know if
this guy had a knife,gun,etc.

I'm just curious,one of my old buddies had something happen cple
days ago.I cant find it now,could you put that in an http link for me,,
thanks man

I mean no disrespect in any way, but generally speaking, Most LEO are educated on the law, just barely enough to be dangerous to the general public. Hence the high amount of thrown out cases in court rooms... Ask an attorney.

thperez1972 · Apr 22, 2018

Deerslayer440 said:
Exactly.What does determine as justified,per say ,in your mind?
As an officer.I know what the law says.But that doesnt mean hill
of beans when it comes to an officer at your home deciding on the
spot.

Should a decision or is a decision made then or if it is not clear,arrest
everyone,let the judge decide.Im confused in the mind set of leo on
scene.Each one seems to have their own thoughts.

In my theory,it is apparent that no decision be made esepcially
considering 15 different endings.

It seems as though ,the officers are not well versed enough in law
to be making any decisions effecting peoples lives in my eyes.

Train officers in law? Short term training,perhaps.25 leo should not
have 25 different ideas of the law.AGree?

I would like as many leo answer as possible.What their train of
thought is when encountering a situation such as that.

You answered a multiple choice question with "yes". Ok then. I would say in the scenario you presented, deadly force would not be justified under the "castle doctrine".

thperez1972 · Apr 22, 2018

KDerekT83 said:
I mean no disrespect in any way, but generally speaking, Most LEO are educated on the law, just barely enough to be dangerous to the general public. Hence the high amount of thrown out cases in court rooms... Ask an attorney.

I am in court all the time. There are not a high number of cases being thrown out in court rooms.

KDerekT83 · Apr 22, 2018

just going by what I'm told by my cousin who is a criminal defense attorney. albeit, in S. Carolina... ( supposedly, its a nationwide thing. not just here, from what I"m told. )

Besides that, I've met several LEO who've never even heard of the castle law, stand your ground, etc.... Hell, I've been shooting at ranges before and ended up giving LEO tips cause they were all over the paper. lol...

thperez1972 · Apr 22, 2018

KDerekT83 said:
just going by what I'm told by my cousin who is a criminal defense attorney. albeit, in S. Carolina...

Besides that, I've met several LEO who've never even heard of the castle law, stand your ground, etc.... Hell, I've been shooting at ranges before and ended up giving LEO tips cause they were all over the paper. lol...

Castle laws and stand your ground are concepts. A stand your ground law in one state is not automatically the same as stand your ground laws in another state. It's possible for an LEO to be unfamiliar with "stand your ground" in Louisiana but be familiar with the Justifiable Homicide law. But it's your assertion that, because several LEOs were unaware that certain laws fell under a specific concept title, all LEOs are only minimally educated on the law?

KDerekT83 · Apr 22, 2018

like I said, Generally speaking. I realize there are LEO out there with Law degrees, actual experience, etc... But yes. A large number of LEO don't know any more than what they can find in their laptops in the car. I'm sure they understand the basics, (isn't that part of going through POST?), but as far as detailed law? Nah...

thperez1972 · Apr 22, 2018

KDerekT83 said:
like I said, Generally speaking. I realize there are LEO out there with Law degrees, actual experience, etc... But yes. A large number of LEO don't know any more than what they can find in their laptops in the car. I'm sure they understand the basics, (isn't that part of going through POST?), but as far as detailed law? Nah...

So you've gone from "most" to "a large number". On the street, the cops need to know the basics from memory, the elements of the crime. What details would you like them to know that they don't know from memory?

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