Castle Law?

KDerekT83 · Apr 22, 2018

sorry. I figured "large number" and "most" would fall into the same column..... what details? that's a hard answer, as I can only go from past experience and what i read in the media, which i do understand is usually b/s... I guess basically, as it was said above on page 1... shouldn't a law enforcement officer be required to go through at least a few months of formal law school so they can better understand and perform their job? I surely think so. I guess I'm going off the base that I follow for myself in my career. To perform my job better, I want to know the in's and outs, and all details that surround it. I started my job not knowing anything about electrical because its not required but it helps. So I've started taking night classes to become a certified electrician. Do I have to? No. But it will help me perform my job better.

I.e. I've considered signing up to become LEO myself. But after reading more into it, talking to friends that are LEO and what they have to deal with as far as laws go, etc.... I realize I'm not educated in law enough and can't afford to become so, so I'm surely not going to put myself in that position. Kudos to those guys that are willing in multiple ways... I surely respect LEO and will always offer any kind of assistance needed (that I'm capable of) if I see an officer in need of help. But I damn sure don't want to try and do their job...

leadslinger972 · Apr 22, 2018

Justified or not, you're going to end up in a civil suit and lose a metric butt ton of money.

thperez1972 · Apr 22, 2018

KDerekT83 said:
sorry. I figured "large number" and "most" would fall into the same column..... what details? that's a hard answer, as I can only go from past experience and what i read in the media, which i do understand is usually b/s... I guess basically, as it was said above on page 1... shouldn't a law enforcement officer be required to go through at least a few months of formal law school so they can better understand and perform their job? I surely think so. I guess I'm going off the base that I follow for myself in my career. To perform my job better, I want to know the in's and outs, and all details that surround it. I started my job not knowing anything about electrical because its not required but it helps. So I've started taking night classes to become a certified electrician. Do I have to? No. But it will help me perform my job better.

I.e. I've considered signing up to become LEO myself. But after reading more into it, talking to friends that are LEO and what they have to deal with as far as laws go, etc.... I realize I'm not educated in law enough and can't afford to become so, so I'm surely not going to put myself in that position. Kudos to those guys that are willing in multiple ways... I surely respect LEO and will always offer any kind of assistance needed (that I'm capable of) if I see an officer in need of help. But I damn sure don't want to try and do their job...

Large number does not equal most. 33 out of 100 is a large number but is not most.

I do not know the penalties for every law. I do not need to have that information committed to memory to effectively perform my job. I cannot tell you, from memory, the exact statute number for battery of a school teacher. It should be 34 point something. There are references that can be consulted should the need for that information arise.

You are claiming that LEOs are not as educated as they should be but you aren't providing what additional information they should have. You're asking if a law enforcement officer should be required to go through at least a few months of formal law school so they can better understand and perform their job? Sure, any information will help them do their job. But that wasn't your original assertion. You mentioned your opinion was based partially on your experience. In your experience, what information do LEOs lack that make them dangerous to the general public?

Barry J · Apr 22, 2018

Part of the DA's responsibility is to advise law enforcement. If I had an investigation that I couldn't quite figure out what the correct charges were of if to charge at all, I would be on the phone with the prosecutor on call.

KDerekT83 · Apr 22, 2018

^^^ exactly..... Wish more people would do that, instead of just adding stuff or taking guesses...

enigmedic · Apr 22, 2018

The hands-down best source of LA Law & judicial interpretation is the "Drew Book" by Appellate Judge Harmon Drew. It is an affordable trove of info used by government and private entities alike.
1. The original post asked what the crux of the LA R.S. 14:xx, commonly called the "criminal code," considers self defense. The so- called "Castle Doctrine, per say" {sic} are not terms used in LA. LA law only provides for the protection of life, not defense of property; that determination is based on the judgement of a "reasonable person." How would another "reasonable person" read the circumstances at hand? Simple question: Would a reasonable person be in fear of their LIFE or grave injury? Shooting a naked 90 lb hype or radio thief won't fly; nor should it.
2. The "Castle Doctrine" as previously pointed out, is a concept in use by scholars and, mainly, the MSM. PER SE, it doesn't appear in the Revised Statutes; nor does "premeditation" PER SE. LA recognizes "specific intent" instead. That doesn't stop the MSM and bar room scholars from spewing terms like "premeditation" and "verbal contract" LOL.
3. It doesn't really matter what local LEO thinks if DA's Office won't accept charges. Between Criminal Commissioners, ADA's, and DA Investigators, there is no shortage of guidance available to a Patrolman, both on and off scene.

Deerslayer440 · Apr 22, 2018

enigmedic said:
The hands-down best source of LA Law & judicial interpretation is the "Drew Book" by Appellate Judge Harmon Drew. It is an affordable trove of info used by government and private entities alike.
1. The original post asked what the crux of the LA R.S. 14:xx, commonly called the "criminal code," considers self defense. The so- called "Castle Doctrine, per say" {sic} are not terms used in LA. LA law only provides for the protection of life, not defense of property; that determination is based on the judgement of a "reasonable person." How would another "reasonable person" read the circumstances at hand? Simple question: Would a reasonable person be in fear of their LIFE or grave injury? Shooting a naked 90 lb hype or radio thief won't fly; nor should it.
2. The "Castle Doctrine" as previously pointed out, is a concept in use by scholars and, mainly, the MSM. PER SE, it doesn't appear in the Revised Statutes; nor does "premeditation" PER SE. LA recognizes "specific intent" instead. That doesn't stop the MSM and bar room scholars from spewing terms like "premeditation" and "verbal contract" LOL.
3. It doesn't really matter what local LEO thinks if DA's Office won't accept charges. Between Criminal Commissioners, ADA's, and DA Investigators, there is no shortage of guidance available to a Patrolman, both on and off scene.

Yes,you did get the purpose of said thread,Thank You!!!

And I would hope as well,there was help for them on duty out there,but I rarely hear of anyone calling anyone.In fact From watching good ol live PD,I have never seen it done.

I like the guy that said," He realized he wasn't up enough on law to become a leo.
I really wish ,im sure,a lot more would have had the same thoughts.But im guessing that would put 95% of depts in a real ,not enough officers, problems.

I still believe they need law classes.If they had simple law class for 2-3 months.Just on the basics of castle,,domestic and a few others.

I don't see any tax payer asking for all leo to be attorneys.But I do believe that one person should not be deciding others fates on the spot.Especially in a heated situation.

I even thought of the pysc part of it.I can only imagine the heart rate of an officer showing up to a guns drawn ,people shot situation.Im guessing their are many remedies that would help keep person in check with their heart rate and apathy as they engaged an issue ,such as said topic.

Im hearing good input though,thanks all leo and peeps.I respect what leo do,don't ever think otherwise.I'm just seeing how or what could be better or more informative.Thas all

MOTOR51 · Apr 22, 2018

So someone wants to know if he can shoot someone for trespassing and cops need more training in laws and shooting. Another BS **** show summed up in a few words. On to the next thread LOL

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thperez1972 · Apr 22, 2018

MOTOR51 said:
So someone wants to know if he can shoot someone for trespassing and cops need more training in laws and shooting. Another BS **** show summed up in a few words. On to the next thread LOL.

KDerekT83 said:
Ok, I'm starting to feel interrogated now........ But I'll use a past experience and you can take it where you want. This is getting rediculous.

I get pulled for speeding. ( I was surely doing so admittedly. ) I believe it was 76 in a 55. 21 Over so he decides to write it up as careless operation. Ok, cool. He's being a dick about it, but he's doing his job. Im obviously aggravated, but I keep my mouth shut. He hands me ticket, then has the audacity, to tell me "Have a nice day". I just comment, "Yeah sure". I guess my voice pissed him off. he says hold up. And starts writing more... Improper Equipment ( aftermarket exhaust and wheels ), then goes on to tell me, that my car is not a street legal vehicle, and that its a race car. And says he's going to tow it. WTF.... Dude pissed me off bad with that.. it was a 2002 Mustang GT with Saleen wheels and full exhuast on it. Otherwise stock. I ripped him a knew one verbally, and even told him, he only pulled me, cause I let him catch me, considering he was driving a POS Tahoe... I admittedly "went off the handle", and informed him that it was in fact a street car, that is legal to be on the streets, and it meets all criteria needed. I'm guessing he didn't want to deal with it, and told me to "get out of his face and go home."... Was I wrong? Absolutely. In so many ways, its not even funny. But how can he make assumptions based on igorance.

In this case, the officer was obviously not educated about general automotive knowledge, and was letting his ignorance of the subject take over his better judgement. Yes I could've handled it better, however, so could he.

He based his judgement of "race car" on the fact that my car didn't have any emissions controls on it anymore. Car was registered in Jefferson Parish where Emission Controls are NOT required.

And cops need to go to the first few months of law school so the can be more knowledge of Title 32 of the Louisiana Revised Statutes. I have email notification turned on. This was KDerekT83's actual reply when I asked him to explain his statement about cops being a danger to society.

MOTOR51 · Apr 22, 2018

thperez1972 said:
And cops need to go to the first few months of law school so the can be more knowledge of Title 32 of the Louisiana Revised Statutes. I have email notification turned on. This was KDerekT83's actual reply when I asked him to explain his statement about cops being a danger to society.

Imagine that

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Magdump · Apr 23, 2018

At the end of the day what matters is how the DA defines the law and not the LEO working the case. Past that is up to the judge and/or Jury if it comes to that. The LEO can arrest a person but backing any charges is up to the DA

Magdump · Apr 23, 2018

thperez1972 said:
And cops need to go to the first few months of law school so the can be more knowledge of Title 32 of the Louisiana Revised Statutes..

I would think that to be able to enforce the law, one would need to know the law.

charlie12 · Apr 23, 2018

thperez1972 said:
And cops need to go to the first few months of law school so the can be more knowledge of Title 32 of the Louisiana Revised Statutes. I have email notification turned on. This was KDerekT83's actual reply when I asked him to explain his statement about cops being a danger to society.

Did his exhaust make more noise than the stock exhaust?

charlie12 · Apr 23, 2018

enigmedic said:
The hands-down best source of LA Law & judicial interpretation is the "Drew Book" by Appellate Judge Harmon Drew. It is an affordable trove of info used by government and private entities alike.
1. The original post asked what the crux of the LA R.S. 14:xx, commonly called the "criminal code," considers self defense. The so- called "Castle Doctrine, per say" {sic} are not terms used in LA. LA law only provides for the protection of life, not defense of property; that determination is based on the judgement of a "reasonable person." How would another "reasonable person" read the circumstances at hand? Simple question: Would a reasonable person be in fear of their LIFE or grave injury? Shooting a naked 90 lb hype or radio thief won't fly; nor should it.
2. The "Castle Doctrine" as previously pointed out, is a concept in use by scholars and, mainly, the MSM. PER SE, it doesn't appear in the Revised Statutes; nor does "premeditation" PER SE. LA recognizes "specific intent" instead. That doesn't stop the MSM and bar room scholars from spewing terms like "premeditation" and "verbal contract" LOL.
3. It doesn't really matter what local LEO thinks if DA's Office won't accept charges. Between Criminal Commissioners, ADA's, and DA Investigators, there is no shortage of guidance available to a Patrolman, both on and off scene.

thperez1972 · Apr 23, 2018

Magdump said:
I would think that to be able to enforce the law, one would need to know the law.

The law was taught in the academy I went through.

thperez1972 · Apr 23, 2018

charlie12 said:
Did his exhaust make more noise than the stock exhaust?

I really don't know.

charlie12 · Apr 23, 2018

thperez1972 said:
The law was taught in the academy I went through.

I still don't understand why people are arrested for having a gun in their vehicle on school grounds. IF that's the only charge. The ones I've seen are for RS 14:95.2 and no other charge. What is taught in the academy about that?

thperez1972 · Apr 23, 2018

charlie12 said:
I still don't understand why people are arrested for having a gun in their vehicle on school grounds. IF that's the only charge. The ones I've seen are for RS 14:95.2 and no other charge. What is taught in the academy about that?

I don't know. I'm not an instructor at any academy. But if you provided an example I'll look at it and see if anything stands out.

bigtattoo79 · Apr 23, 2018

KDerekT83 said:
I.e. I've considered signing up to become LEO myself. But after reading more into it, talking to friends that are LEO and what they have to deal with as far as laws go, etc.... I realize I'm not educated in law enough and can't afford to become so, so I'm surely not going to put myself in that position. Kudos to those guys that are willing in multiple ways... I surely respect LEO and will always offer any kind of assistance needed (that I'm capable of) if I see an officer in need of help. But I damn sure don't want to try and do their job...

Actually you did sign up.

https://www.bayoushooter.com/forums/showthread.php?165761-Advice-for-potential-LEO

charlie12 · Apr 23, 2018

thperez1972 said:
I don't know. I'm not an instructor at any academy. But if you provided an example I'll look at it and see if anything stands out.

Here's the latest one I've heard of.

http://www.jdpso.org/press_view.php?id=197

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