Booby Traps

[CajunTim]

I am just trying to educate myself and have tried to do the research myself and couldn't find any info on the matter.

Not sure if anyone can answer this or would want to; but I couldn't find any info on this matter concerning legality. If I was to booby trap my home and placed warning signs in the yard stating this. Is this legal to do. My home was burglarized some years back in Hammond and the police who came told me I should better equip my house against burglaries, they meant put brighter porch lights etc... and I told them that I could booby trap it, all they said was do what you gotta to do.


From wikipedia:
Booby traps can also be applied as defensive weapons against unwelcomed guests or against non-military trespassers, and some people set up traps in their homes to keep people from entering. These civilian booby traps might use a non-lethal method, such as a strong electric shock, rather than explosives. As laws vary, the creator of the trap can sometimes be immune from prosecution since the victim is technically trespassing or may be held strictly liable for injuries caused to the trespasser. In some jurisdictions some types of traps are specified as illegal.

Any help would be appreciated, Hurricane season is upon us and I just want to know what I can legally do when I evacuate.

Thanks

 

[jayd]

I remember reading something Ayoob wrote years ago about a homeowner
booby trapping his house (that was robbed repeatedly)
The thief died and the homeowner was charged with murder or 2cd degree murder

In todays litiguous society if a bad guys breaks in your back yard and your pitbull eats him, Someone would find a way to charge you with somethingnowadays.......
I guess there are some people who have more rights than others

 

[CajunTim]

Thats what I figured.
Thanks

 

[LCPL 4]

Another thing to consider is the danger to emergency responders. What happens if your home catches fire and you are away on business. I don't think firefighters would appreciate it. Medics and others responding to a medical emergency would not appreciate getting "trapped" either.

 

[Vermiform]

http://www.stopthecrime.com/products.htm

 

[CajunTim]

Yes, I believe it is illegal to do.
I am only talking about when evacuating for storms.
But if I left a sign that read no one is home, and no pets or home please dont search or spray paint the brick. And in the case of a fire there would be a lot of ammo going off already.
I am only wondering. I am not anti emergency responders as I actually am kinda sorta in a funny way one I guess, I dont pull beeper duty if I did then technically I would be ER, I should have(they talked about giving them to us last year but didn't) a card that lets us in to areas where most arent allowed.

Has any of the leo's heard about this a card system which would serve as a pass to get into areas that are shut down to basically non-government workers, and then only to mission essential personnel, in the case of an emergency? I mean like when the city and the interstates were closed.

 

[penguin]

Notwithstanding the legal ramifications of booby-trapping your home; you've now incurred some serious liability of doing so. If a pre-teen were to break into your home/yard they could argue the attractive nuisance doctrine (for one reason or another) and you would be held civilly liable. Hell, any device that you would put on your home that is meant to injure another could cause you to be held liable.

 

[LouisianaCarry]

I would be interested to see how this developed. I would hope that our new castle doctrine would help in this situation, since it presumes anyone breaking into your home is there to do harm.

 

[LouisianaCarry]

Make sure you don't use:

"gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion"

as that carries a 20yr / $10000 sentence in LA.

 

[LouisianaCarry]

I spent alot of time searching LA law on this subject, out of curiosity, and I cannot find any prohibitors. That is not to saw I am flawless, but I scanned every law that contained the words "trap" and "device" (244 laws in all) and none of them refer to booby traps. This causes me to believe we do not have any law against them. Since someone would have to be trespassing to be affected by them, that would seem to leave as the only concern the potential danger to emergency responders.

If anyone can actually point out any statute that deals with this topic, I would be inpressed, as I do not believe one exists.

 

[Vermiform]

I think that teargas burglarbomb/motion sensor would work great for what you need. It is non-lethal and would definately run looters off since it automatically resets itself.

 

[CajunTim]

I did check out that website and think that is something I might be purchasing in the future.

 

[penguin]

Make sure you don't use:

"gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds, mechanical mixture, or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture, or device or any part thereof may cause an explosion"

as that carries a 20yr / $10000 sentence in LA.

I agree that RS 14:54.3 would cover any kind of explosive device. Now, if it were not explosive but another method, I wonder if the argument of negligent discharge of a weapon would fall into play:

RS 14:94

"94. Illegal use of weapons or dangerous instrumentalities

A. Illegal use of weapons or dangerous instrumentalities is the intentional or criminally negligent discharging of any firearm, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being."

Now, we can all argue the new castle doctrine law; but the biggest part about that is if you were home or not. If you were away and you were not, as the new law states, "lawfully inside a dwelling...", I believe that you would be in violation of the above law as you intentionally set a trap where it was foreseeable that it would result in death or great bodily harm to a human being and you were negligent in the discharge of that device because you maintained NO control over that device once it was set. You could not control whether it discharged upon a 2 year old kid or a 35 year old rapist. It would discharge, negligently, upon whoever opened the door/window/whatever.

Furthermore, I would then argue that the castle doctrine would again not apply for a trap that you set while you were inside your home, but asleep and again had no control over the device. As the law states, you must have the belief that serious bodily harm or death is imminent. I think it would be a good argument to say that if you were not of your faculties and asleep that you would have no knowledge of whether serious bodily harm or death is imminent and you left that decision up to a trap; which was negligent. If you awoke and stopped the intruder who then threatened you with serious bodily harm or death, then the homicide would be justifiable. As I've stated before, the law does not have to be specifically outlined as to define the word; as in this case, 'trap'. Rather, it would be the negligent discharge of a device. A booby trap would be a device.

 

[CajunTim]

And if I no one was home there would be no bodily injury at risk. Therefore it could be construed as neglect.

 

[penguin]

Dang Coonasses never read the whole thing...lol

Now, we can all argue the new castle doctrine law; but the biggest part about that is if you were home or not. If you were away and you were not, as the new law states, "lawfully inside a dwelling...", I believe that you would be in violation of the above law

 

[CajunTim]

LOL I dont know.

I just wont evacuate I guess.

 

[penguin]

Just get you a mobile home then you can take the house with you!

 

[ShipWreck]

I work as a probation officer, and I have a criminal justice degree. This was covered back when I was in college - no, you cannot do this. It would be illegal.

One of the valid reasons why was brought up above - emergency responders and innocents who might accidentally come across your setup.

Sorry. If U do this, U will go to prison.

 

[Vermiform]

Sorry. If U do this, U will go to prison.

Unless it's TEOTWAWKI, then everything goes.

 

[penguin]

Unless it's TEOTWAWKI, then everything goes.

QFT. But i'll be in the hills, so no worry about my house.