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castle doctrine/booby trapping laws


AWW$HEEET

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Ok, so with a recent rash of break ins and block watch alerts popping up in the last month or so, what if i were to setup my house to be an enticing target, and lure a criminal in, with the intent of shooting them straight in the nuts? I mean it would probably be hard to prove that it was my intent to do so, but I think it would be funny if a criminal actually bit on the bait, and attempted a robbery.

Furthermore, what if i were on the exterior of my home when the burglary occurred? Such as me sitting in a tree with a rifle, watching someone in my home? Since I have no duty to flee, would I still be in the right?

Just thinking out loud. Some neighbors have reported footsteps in the snow, leading up to windows and such. The MO with the other robberies was to case the houses, then strike the next night.

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What if you posted your plan on a public forum from your IP address, one that's cached and available to law enforcement?

Both ideas will likely put you in jail, and even if you didn't you'd be looking at tens of thousands in legal fees.

The truth is it's a lot easier to just have a good insurance policy, and defend yourself when you have to.

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Ok, so with a recent rash of break ins and block watch alerts popping up in the last month or so, what if i were to setup my house to be an enticing target, and lure a criminal in, with the intent of shooting them straight in the nuts? I mean it would probably be hard to prove that it was my intent to do so, but I think it would be funny if a criminal actually bit on the bait, and attempted a robbery.

I am going to dismiss that part as OR humor.

Furthermore, what if i were on the exterior of my home when the burglary occurred? Such as me sitting in a tree with a rifle, watching someone in my home? Since I have no duty to flee, would I still be in the right?

You misunderstand the Castle Doctrine. It says if someone is in your house (without the right to be there) The Judge and Jury MUST assume you were in fear for your life. Then at that point the Prosecutor MUST prove that it was not reasonable for you to fear that.

You would go to the PMITA prison. And rightly so. You have a right to protect your life with deadly force, not your property.

http://www.youtube.com/watch?v=xPcql4FuCK0&list=FL-hztK9dVjwkdE9Z3QAetkQ&index=4

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An electrician friend was having problems with vandalism around his house. Also peeping toms. So he hotwired a chainlink fence with 220v run through a motion sensor. He also ran a bunch of long drywall type screws up through boards that he set under each of his groundfloor windows. This was a very small community he was in. He got into all sorts of hot water over the fence and very nearly went to jail without anyone even getting zapped by the fence. Once the fence was depowered he found several of the boards under the windows gone, with blood trails. He then got sued, fined and ended up having to move back down south.

He was pretty extreme in his methods, but anymore the laws seem to protect the crooks more than the public, imho.

Not sure how it works here in Ohio but I bet its about the same if not worse.

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Follow in these footsteps...

Man shoots burglar returning for more.

Short story...man breaks into home steals TV but he also unlocks a window before he leaves with stolen TV. Homeowners report stolen TV and also find unlocked window. Homeowner camps out on couch with gun waiting for return of burglar and sure enough the very next night the dumbass climbed in that very window but he left on a cart with several new breathing holes.

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An electrician friend was having problems with vandalism around his house. Also peeping toms. So he hotwired a chainlink fence with 220v run through a motion sensor. He also ran a bunch of long drywall type screws up through boards that he set under each of his groundfloor windows. This was a very small community he was in. He got into all sorts of hot water over the fence and very nearly went to jail without anyone even getting zapped by the fence. Once the fence was depowered he found several of the boards under the windows gone, with blood trails. He then got sued, fined and ended up having to move back down south.

He was pretty extreme in his methods, but anymore the laws seem to protect the crooks more than the public, imho.

Not sure how it works here in Ohio but I bet its about the same if not worse.

This is fairly extreme and I see his point with wanting to catch the people, but you can inadvertently hurt someone like a neighbor who means no harm, etc.

I am undecided on how that law should really work, specifically.

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Follow in these footsteps...

Man shoots burglar returning for more.

Short story...man breaks into home steals TV but he also unlocks a window before he leaves with stolen TV. Homeowners report stolen TV and also find unlocked window. Homeowner camps out on couch with gun waiting for return of burglar and sure enough the very next night the dumbass climbed in that very window but he left on a cart with several new breathing holes.

Id like to see how this turns out, legally. I don't see how any judge would ever side with the criminal.

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Maybe check with a lawyer. Don't they give you the first hour consultation free?

im not even considering doing this. it would more or less be, a situation where if i saw footprints in the snow, what real duty would i even have to alert the police? if i know their MO is to come back the following night, i have 0 obligation to leave my home or live in fear.

i mean the HOA has already alerted the franklin co. sheriff about the activity in our area.

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Id like to see how this turns out, legally. I don't see how any judge would ever side with the criminal.

First, dead intruders don't talk so you always claim they made an aggressive action towards you. Second, you most likely will not get prosecuted for shooting the scum but you will most likely get a civil suit filed on you by the family of the scum bag, because he was a nice guy on hard times. :rolleyes:

It's all a roll of the dice.

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First, dead intruders don't talk so you always claim they made an aggressive action towards you. Second, you most likely will not get prosecuted for shooting the scum but you will most likely get a civil suit filed on you by the family of the scum bag, because he was a nice guy on hard times. :rolleyes:

It's all a roll of the dice.

I would hope if that happens to the guy in Elyria, he tries some sort of counter suit and leaves that family broken and without whatever shanty they currently live in.

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:nono: my grandfather worked with a guy who got tired of his cabin being broken into. This guy rigged a shotgun aimed at the door triggered by opening the door. He caught the burglar, but he wound up in prison.

That is THE case that says no use of deadly force to protect property.

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How's it premeditated?

The homeowner didn't unlock the window as an open invitation for burglary. He has no responsibility to lock it back if he so chooses.

He merely took a preemptive measure to protect his family and property.

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Premeditation.

Some judges will send a frustrated homeowner away for shit like this...and have.

Which is a crock of shit. How can someone premeditate someone breaking into your house? By that logic, any CCW or tactical training is premeditation because you are practicing how to kill someone.

Ben can delete this thread whenever. If someone does end up breaking into my place and getting shot, i don't want this thread coming back in court. LOL

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How's it premeditated?

The homeowner didn't unlock the window as an open invitation for burglary. He has no responsibility to lock it back if he so chooses.

He merely took a preemptive measure to protect his family and property.

You must be in reasonable fear for your life to use deadly force. Whether or not that fear existed is up to a jury.

The argument would be that you can't be afraid when you're lying in wait, anticipating the intruder's arrival. You have the drop on him, which makes shooting him right away far less reasonable.

If you yell "FREEZE, MOTHERFUCKER!" And then he reaches for something, ten your fear is much more reasonable.

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You must be in reasonable fear for your life to use deadly force. Whether or not that fear existed is up to a jury.

The argument would be that you can't be afraid when you're lying in wait, anticipating the intruder's arrival. You have the drop on him, which makes shooting him right away far less reasonable.

If you yell "FREEZE, MOTHERFUCKER!" And then he reaches for something, ten your fear is much more reasonable.

Here's how I see it: unlawful entry into a home, lawful occupants confront intruder. Intruder had 3 possible choices - surrender to lawful occupants, flee, or confront occupants. Intruder confronts occupants and gets shot.

Does it matter if he was lying in wait on the couch or coming from his bedroom? I think not.

I fear ANY person that comes uninvited into my home, period.

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You misunderstand the Castle Doctrine. It says if someone is in your house (without the right to be there) The Judge and Jury MUST assume you were in fear for your life. Then at that point the Prosecutor MUST prove that it was not reasonable for you to fear that.

We just went over this in my CCW class and I bought (and read) the law book. It basically says if someone (not authorized) is even ATTEMPTING to gain entry to your house (or place you are staying - i.e. friends house, hotel, etc) there is no duty to retreat and is presumed to be an act of self-defense and you have the right to exercise deadly force but it's not an open invitation to blast anything that moves. You still need to make sure it's not a girl scout trying to sell cookies or something.

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yeah i keep going back to "duty to flee". that combined with fear are mutually exclusive. what if i am not a particularly fearful person? are my rights therefore diminished compared to those who are easily scared?

i dont get it.

Edited by AWW$HEEET
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