What is the legal response? Can you defend your home or property?

Discussion in 'Legal' started by NelsErik, May 26, 2010.

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  1. NelsErik

    NelsErik Member

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    SEIU Protests at Bank Lawyer's Home

    After seeing this on the news and hearing that the homeowner's kid was home alone I started asking myself what is the legal response here?

    If I told the people to leave and they did not what can I do? In this case the police actually escorted the protesters to the house!

    I live in Arizona, and my real question is, do I have the right to come out blasting with my shotgun or rifle if the police won't respond?
     
  2. cassandrasdaddy

    cassandrasdaddy Member

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    if you have to ask i'm worried
     
  3. NelsErik

    NelsErik Member

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    While some sarcasm is present in my question and I realize that I can't just start shooting people, I have to ask why not? Can anyone just come on to my property and when I ask them to leave and they do not, do I just have to stand there and take it? Do I have to rely on the police, even if they are not doing their job?
     
  4. cbrgator

    cbrgator Member

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    Short answer... Yes, sit there and take it. You cannot kill someone for the sole infraction of trespassing. It's not a forcible felony, nor is death/great bodily harm imminent.

    Do you really think the law should permit you to end someone's life for protesting on your lawn?
     
  5. Guillermo

    Guillermo member

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    In most places you have to have to fear for your life to use deadly force.

    Not sure about Arizona
     
  6. Matt 357

    Matt 357 Member

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    This is where non-lethal weapons are handy.
     
  7. Old Fuff

    Old Fuff Member

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    And so do I. :)



    Probably not. You have a right to call the police if they are damaging your property, or if they are trespassing, but you may need to post your property to make a case.

    You can only start “blasting” if you are clearly faced with a lethal threat or attack that a “reasonable person” would conclude might result in serious injury or death. That would include you, your family and any other persons that might be present.

    On the other hand if they were to force they’re way into your house then you could conclude that a lethal attack was under way and defend yourself or others.

    Or if they attempted to firebomb the house you could do the same.

    They have a right to march around and demonstrate, but not to attack. While it’s unlikely, if demonstrators showed up, call 911. At the least they should send someone to keep the peace.

    If you leave pre-teen children at home there should be a “sitter” with them with instructions on what to do.
     
  8. Boba Fett

    Boba Fett Member

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    Like turning on the sprinkler system :p



    Seriously, that whole situation sucks.
     
  9. danprkr

    danprkr Member

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    Heck, I bet a sprinkler system would get them off the yard pronto. Just cause them some discomfort.

    I do have to agree that the SEIU is full of BS, and has ZERO class. Sadly being a ZERO class scum bag is not in and of itself a capital crime.
     
  10. cassandrasdaddy

    cassandrasdaddy Member

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    rotweiler(s)
     
  11. huntsman

    huntsman Member

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    That would be enough to scare me.

    I'd demand as a tax payer that the LEO's remove them from my property and onto the public street.

    If you did start shooting, claim you just woke up and thought they were zombies and this was TEOTWAWKI ;)
     
  12. SSN Vet

    SSN Vet Member

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    Well, if things keep going the way they are in AZ, I think we'll likely see things get pretty hostile...

    I won't be surprised if we're soon reading that some one drove up to the next immigration protest and pulled a drive by shooting with some serious weaponry.

    La Reconquista has begun....
     
  13. Old Fuff

    Old Fuff Member

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    Well I know of one case in this (Arizona) County where a gent tried to enter a house with apparent hostile intentions, and was quickly cured of any further interest in the matter. :uhoh:

    That said, if there isn't clear evidence that the shooter was trying to protect lives instead of property; the criminal and civil liability they'll take on is considerable.

    Texas however is... well... Texas... :evil:
     
  14. Jumping Frog

    Jumping Frog Member

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    But not as much fun as coming around the side of the house with my hose and hosing them all down. :neener:
     
  15. wishin

    wishin Member

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    You print up a large number of handouts that say "You're trespassing and are not welcome on my property. The police have been called. In two minutes action will be taken - be forewarned." Pay some kids a couple of bucks to hand them out. (not enough time to drop them from the air). Call the Police and after the two minutes have expired either turn on the sprinklers, or attack with a garden hose.
     
  16. f451

    f451 Member

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    This does not allow you to use letal or "dealy" force in any way. If you lay a hand on someone trespassing on your property first, you just committed battery and will be arrested. Nut jobs like these people always have a few cops in the crowd with them who just happen to be there and just happen to see this and just happen to arrest you even though they are on your property.

    If htey come throught he front door by using force, blast away!
     
  17. NelsErik

    NelsErik Member

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    Please don't turn the discussion political, I don't want it to get locked...

    I've learned some stuff already...

    Thanks!
     
  18. Tommygunn

    Tommygunn Member

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    IMHO I should think you don't have the right to deadly force if they stay outside, but if they do anything to try to gain ingress the matter changes -- and it wouldn't matter if they weren't armed, since there would be a clear disparity of force involved.
     
  19. danprkr

    danprkr Member

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    Fun as that would be, and you definitely have the right to water your lawn by hand;) With a hose there's the possibility of it escalating, and you getting charged. Of course it's your property, and you could be watering by hand with the left hand while carrying on your gun on your right side... If a crowd charges you "Disparity of Force" rules kick in. Just sayin...:eek:
     
  20. Cosmoline

    Cosmoline Member

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    If a mob starts busting down windows and doors, that's when the line has been drawn and your life may be in imminent danger. Otherwise, call 911 and while the tape is rolling tell the protesters to take a hike. Request police to come and escort them off.
     
  21. rbohm

    rbohm Member

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    as long as the crowd stays outside, and makes no attempt to illegally enter the house, the most you can do is call the cops and have the protesters removed. if the protesters try to force their way into the house, you have the right to shoot them as you are now in fear of your life. personally if i were in that situation i would be calling 911, and telling the operator that a bunch of unruly people have trespassed on my property, and while they havent tried to break in, i am afraid that they at some point will try, and o dont want to have to shoot anyone.
     
  22. heviarti

    heviarti Member

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    Were I still a teen, I'd probably be inventive, just like I was when I was a teen.

    If I were barred from ejecting people from my lawn, I'd find a way to drive them off by making the situation as distasteful as possible.

    In a big city I'm sure I could find one of the following: 55 gallons of Nuoc Mam, and enough Vietnamese to come slaughter something and roast it on a spit and serve with the Nuoc Mam.

    A livestock truck that hasn't been to the washout and has been hauling hogs or fats

    A Korean opera troupe

    Someone willing to give a demonstration of Halal or Kosher slaughtering technique

    A septic vacuum truck that needs a place to park

    A botanist with some of those African flowers that are pollinated by flies

    A motorcycle club looking for somewhere to chill and drink beer for some hours.

    A video wall and a copy of Ishtar

    White supremacists (as much as I dislike 'em) wanting to have a flashmob/rally

    Someone who plays Sitar badly

    Or if these are Latino protesters, I'd put up as many likenesses of owls as I possibly could, and blast a Brujeria CD.
     
  23. NelsErik

    NelsErik Member

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    Has everyone noted that the police actually escorted the mob to the house. With this in mind I assume the police know well what is going and are not doing anything about it. This was one of the questions I originally had, when the police refuse to do their job, what is your legal response? I guess a very good example of this would be living on a ranch in southern Arizona and having illegals trespass on your property all day and all night long. What is your legal response? What can you do to maintain the security of your property? How can they come on to your land? The fact that a house is on the property shouldn't somehow allow them to trespass on the outside does it?
     
  24. FIVETWOSEVEN

    FIVETWOSEVEN Member

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    Water the garden with an AR on your back? Scare them away while remaining legal.
     
  25. jonmerritt

    jonmerritt Member.

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    They are trespassing, they should be removed by the police. Try this crap at Obama's house and see what happens. Unequal protection under the law!
     
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