Woman holds man at gunpoint in home after locking him in - could she get in trouble?

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I'm all for what she did. However, I believe she could be legally in trouble if she ended up shooting him, since she did lock him in, no?





Read more: http://www.myfoxtwincities.com/stor...ughter-hold-burglar-at-gunpoint#ixzz271UpD52S


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St. Paul mom, daughter hold burglar for police with pink gun

Posted: Sep 19, 2012 12:43 PM CDT



Childs pushed Larson and tried to run out of the house, but Larson pushed back and locked the door. She was eventually able to wrestle him to the floor and call for her daughter to come downstairs and bring her gun.
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I'm not saying detain. I'm saying if she ended up shooting him after that.


I just don't know what the law says about shooting someone you locked in the house after they attempted to leave. I know, even if he's a burglar.


With his record if she had popped him I don't think anyone would be upset.
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I can't speak for anywhere else; but under the law in North Carolina a citizen cannot force another person(s) to stay if they turn to leave, even if they're committing a crime. There's no such thing as a citizen's arrest here, so we as citizens have no right to detain. We can direct them to stay, but they're under no obligation to do so; and we have no authority to enforce such a directive with the threat/use of force, deadly or otherwise.
 
The laws about making a "citizen's arrest" vary from state to state.

If she was to shoot him when he was not clearly presenting a threat to her or her family? Sure she could be in trouble.

Her state laws may allow her to use "Force" to detain a criminal under some circumstances. (That could mean forcibly detaining him and could mean pointing a gun at him.) It is highly unlikely that they would allow her to use "Deadly Force" simply to prevent his leaving.

If she locks him in the room and he smashes down the door and attacks her? Yes, deadly force would seem to be lawful.

If she locks him in the room and he tries to crawl out the window, so she shoots him? No, absolutely not.

Some fuzzy grey area in between.
 
Burglary while someone is in a place is very unhealthy occupation in WA.

This guy had "at least 9 other burglary CONVICTIONS"??? He would have to live a charmed life here to still be walking around.
 
in michigan

Its a major felony to invade a home,and mich. Law says a person can citizens arrest a person caught in the act of a felony,escaping felons can be very dangerous,and may need a warning shot to be fully covinced of thier capture,an im a tellin you son,that it aint no fun,stairin straight down a 44.
 
Posted by usmarine0352_2005: I just don't know what the law says about shooting someone you locked in the house after they attempted to leave. I know, even if he's a burglar.
Essentially, the law says you would have committed at least one serious felony...not to mention having incurred civil liability that could bankrupt anyone.

Posted by andrewstorm: Law says a person can citizens arrest a person caught in the act of a felony,escaping felons can be very dangerous,and may need a warning shot to be fully covinced of thier capture,an im a tellin you son,that it aint no fun,stairin straight down a 44.
The fact that citizens may lawfully perform arrests under certain circumstances does not mean that deadly force may be employed to effect such an arrest.

There is tremendous risk associated with making a citizen's arrest.

I cannot imagine any circumstances in which a warning shot would be a good idea.
 
One of the basic premises of modern law enforcement is you the citizen do not have the basic ability and skill to defend yourself against a criminal. Only a trained professional has the ability and skill to capture them. Of course all the members of THR know the police can not do anything to PREVENT crime and can only take action AFTER a crime has been committed.

Here is a true story you may find of interest. I was interviewing a client (parolee) about his version of his crime. He robbed a liqour store clerk at gunpoint. As he was leaving the liqour store clerk shot him and he was captured. When I asked him how he felt about being shot he said he thought it was unfair since he had got the money and in his view the crime was over.

Was it fair for the liqour store clerk to shoot the fleeing robber?
Was it fair for the home owner to confront, detain and hold the burglar?

Think about it for a minute ...in both instances the criminal thought the crime was over...when the robber got what he wanted...the burglar when he tried to get the money back.
 
One of the basic premises of modern law enforcement is you the citizen do not have the basic ability and skill to defend yourself against a criminal.
Defend yourself?
Only a trained professional has the ability and skill to capture them.
Or capture criminals?

That's two completely different things. You as a private citizen are not charged with stopping crime. You are not trained in how to do so without breaking the law yourself (in many cases breaking MORE SERIOUS laws than a criminal may be breaking with a theft, for example -- assault someone to prevent a petty theft and guess who's the bigger criminal now?), and you are not indemnified against being held fiscally responsible for the results of your actions. And you are not granted the authority to use force against another person except in extremely specific circumstances where you will be forced to prove why you had to do so.

Of course all the members of THR know the police can not do anything to PREVENT crime and can only take action AFTER a crime has been committed.
Not quite that simple, but certainly usually the case. Thus we are all responsible for our own safety. Not for fighting crime.

When I asked him how he felt about being shot he said he thought it was unfair since he had got the money and in his view the crime was over.

Was it fair for the liqour store clerk to shoot the fleeing robber?
Fair? What does "fair" have to do with it? :scrutiny: You won't be tried and convicted of being "unfair." In that case, based on very sparse info, I'd say the robber has it about half right. The justification for shooting someone who's leaving after a crime is mighty scant. (Not in every state, but in almost all of them.)

Was it fair for the home owner to confront, detain and hold the burglar?
Oh boy. "Fair" again? Lawful is the operative word. And yes, quite possibly it would be lawful to attempt to detain a burglar. However, as pointed out, almost certainly NOT lawful to use deadly force to prevent escape.

Think about it for a minute ...in both instances the criminal thought the crime was over...when the robber got what he wanted...the burglar when he tried to get the money back.
So what? What difference does it make what the criminal thought?
 
Remember we have only a sketchy news report. There's probably a lot of information missing.

Whether the actions of Mrs. Larson and her daughter committed aggravated assault and false imprisonment or used justified force to effect a lawful citizen's arrest will need to be decided by a close look at all the evidence under applicable Minnesota statutory and decisional law.
 
A burglar 'trying to leave' is tricky as well, say he's heading away from you down the hall, he could go straight out the back door or turn at the end of the hall into you infant child's bedroom, do you shoot him in the back?
 
Things get complicated.

In this situation since nobody was hurt it could reasonably be presumed to meet the citizen's arrest laws of most though not all states. Someone committing a serious felony, breaking into an occupied home, is then detained until the authorities can transport them to jail.
The person detaining them arming themselves in light of the clear danger posed by this criminal.
The police being called to transport the criminal they have detained or arrested.
All is legal most places.


However had a shot been fired it would certainly complicate issues.
A jury will review evidence, and will also see it less as a situation that the shooter was unable to avoid.
It is not a black and white legal area you can answer with certainty because even when 'legal' it can lead to conviction when the jury must decide.
A shooter that put themselves in a situation that then resulted in shooting gets much less benefit of the doubt in many cases.

I have given the example previously of people that go out to stop a car thief. It is entirely legal to go out and stop someone committing felony grand theft (or even the felony property damage often done to gain entrance into the car, and even misdemeanor property damage allows a citizen to arrest in many states). It is entirely legal to arrest them in most states.
It is reasonable to bring a weapon with you.
You will probably be hailed as a good guy if everything works out.
If however they decide to attack you and you are forced to shoot then things can go bad. That is also entirely legal.
The issue becomes one of believing the shooter actually was forced to defend themselves, or if they were punishing the criminal with deadly force for a property crime that angered the shooter as a prosecutor will typically allege.
Clouding the issue further is the jury considering that the person never actually had to confront them, and so the shooter put themselves into that issue. They get hung up on thoughts like someone was shot over a property crime and nobody would have been shot if the shooter had not gone out there or in the OP's case had they let the guy run away and not stopped them (while simultaneously being told by the prosecutor you went out specifically to kill them.)


So doing something entirely legal can and does result in conviction.
The fact that it is a female can help things, more people have sympathy for a female dealing with a male attacker, a man generally gets even fewer breaks.


It is not a simple legal yes or no answer, because 'legal' does not mean you would not be convicted.

In addition there is arrest requirements that differ by state. Also the person performing the arrest assumes a lot of liability, which many lawyers advise against.
Giving some criminal that often has few assets tens of thousands of dollars, or more than they probably would have even stolen, in a settlement or judgement, rewards them more than running away with arms full of most property would have.
 
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What's right?
What's legal?

Should be the same especially when dealing with repeat offenders who are doing things neither legal, nor right.
 
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One of the basic premises of modern law enforcement is you the citizen do not have the basic ability and skill to defend yourself against a criminal.

Defend yourself?

Isn't this one of the arguments for gun control?

Quote:
Only a trained professional has the ability and skill to capture them.

Or capture criminals?

Call the cops in my community and you will be told not to take any action regardless of the crime and lack of police response. I

That's two completely different things. You as a private citizen are not charged with stopping crime. You are not trained in how to do so without breaking the law yourself (in many cases breaking MORE SERIOUS laws than a criminal may be breaking with a theft, for example -- assault someone to prevent a petty theft and guess who's the bigger criminal now?), and you are not indemnified against being held fiscally responsible for the results of your actions. And you are not granted the authority to use force against another person except in extremely specific circumstances where you will be forced to prove why you had to do so.


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Of course all the members of THR know the police can not do anything to PREVENT crime and can only take action AFTER a crime has been committed.

Not quite that simple, but certainly usually the case. Thus we are all responsible for our own safety. Not for fighting crime.


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When I asked him how he felt about being shot he said he thought it was unfair since he had got the money and in his view the crime was over.

Was it fair for the liqour store clerk to shoot the fleeing robber?

Fair? What does "fair" have to do with it? You won't be tried and convicted of being "unfair." In that case, based on very sparse info, I'd say the robber has it about half right. The justification for shooting someone who's leaving after a crime is mighty scant. (Not in every state, but in almost all of them.)


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Was it fair for the home owner to confront, detain and hold the burglar?

Oh boy. "Fair" again? Lawful is the operative word. And yes, quite possibly it would be lawful to attempt to detain a burglar. However, as pointed out, almost certainly NOT lawful to use deadly force to prevent escape.


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Think about it for a minute ...in both instances the criminal thought the crime was over...when the robber got what he wanted...the burglar when he tried to get the money back.

So what? What difference does it make what the criminal thought?
 
Good food for thought Frank.

Quote:
One of the basic premises of modern law enforcement is you the citizen do not have the basic ability and skill to defend yourself against a criminal.

Defend yourself?

Isn't this one of the arguments for gun control?

Quote:
Only a trained professional has the ability and skill to capture them.

Or capture criminals?

Call the cops in my community and you will be told not to take any action regardless of the crime and lack of police response. In other words just be a witness regardless of the harm the perp did/could still cause.

That's two completely different things. You as a private citizen are not charged with stopping crime.

That is a key point in the concept that only "pofessionals" are trained to take action. This to me represents a adoption of the liberals dependant of the government to take care of you. If fact the entire criminal justice is designed to push you as a victim out of the process. Is it any wonder that many feel if they see their neighbor being attacked legally the best choice is not to get involved?

You are not trained in how to do so without breaking the law yourself (in many cases breaking MORE SERIOUS laws than a criminal may be breaking with a theft, for example -- assault someone to prevent a petty theft and guess who's the bigger criminal now?), and you are not indemnified against being held fiscally responsible for the results of your actions. And you are not granted the authority to use force against another person except in extremely specific circumstances where you will be forced to prove why you had to do so.

True. Excellent comment on the decline of our society in the last 50 years or so. It is easier just not to get involved than being arrested yourself for doing what you think was right under the circumstances.


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Of course all the members of THR know the police can not do anything to PREVENT crime and can only take action AFTER a crime has been committed.

Not quite that simple, but certainly usually the case. Thus we are all responsible for our own safety. Not for fighting crime.

Safety but not fighting crime. In other words as the police teach don't resist cause you will only get hurt...This use to be one the attitudes about women being raped...don't resist it will only be worse.

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When I asked him how he felt about being shot he said he thought it was unfair since he had got the money and in his view the crime was over.

Was it fair for the liqour store clerk to shoot the fleeing robber?

Fair? What does "fair" have to do with it? You won't be tried and convicted of being "unfair." In that case, based on very sparse info, I'd say the robber has it about half right. The justification for shooting someone who's leaving after a crime is mighty scant. (Not in every state, but in almost all of them.)

It isn't a difficult case. Prep robs liqour store at gunpoint. As he is leaving the store still armed the liqour store clerk shot him. The prep said in his mind the crime ended after he got what he came for (the money). The clerk thought the crime was still in progress. Two different perceptions of the crime.

Did the threat to the community end after the perp got his money or as a violent offender till armed with a gun did he represent a continued threat to others?

For example;
Act 1 rob liqour store. Crime ended when he got the money.
Act 2 he attempts to steal car for his getaway. Car owner resists so perp shoots him. Car owner falls to ground and does not resist further. Crime ended when car owner stopped resisting.
Act 3 Perp drives away after committing armed robbey, shooting car owner and stealing a car.

Would the car owner in Act 2 be justified in shooting the perp as the perp drove away. After all the beating and robbery were over?

As you point out under todays laws probably each act would be as individual and since his last act was non violent use of force (driving a stolen car) to arrest would be severely limited.


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Was it fair for the home owner to confront, detain and hold the burglar?

Oh boy. "Fair" again? Lawful is the operative word. And yes, quite possibly it would be lawful to attempt to detain a burglar. However, as pointed out, almost certainly NOT lawful to use deadly force to prevent escape.


Quote:
Think about it for a minute ...in both instances the criminal thought the crime was over...when the robber got what he wanted...the burglar when he tried to get the money back.

So what? What difference does it make what the criminal thought?

Preception. The robber says the crime was over when I got what I want. The clerk says this guy pointed a gun at me and threatened to kill me if I didn't give him all of my money. I thought he might kill me on his way out to avoid leaving a witness.

Burglar gave back the money so the burglary ended and the crime only became violent after the homeowner stood in his way of his new goal...escape. If daughter had shot perp while he was struggling with her mother could the daughter be charged? After all the perp had changed his mind and was just trying to leave.

In both crimes the perp had total disregard of the fear he was creating in his victim.
 
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Well before people go too far in the opposite direction, it was the citizen that historically made most arrests.
For fugitives and warrants there was official law enforcement, but for dealing with criminals in the moment it was the citizen.
Before the telephone you couldn't even call anyone. Before the one and later two way radio even if you could call police couldn't respond effectively.
Even today they respond after most serious events are over, and for less serious events can take a long time because they prioritize more serious events.

The whole premise of relying on police is a relatively new thing in our history. Even after police existed they were more of a deterent force that patrolled visibly, and often did routine maintenance tasks in addition to warrant their existence and expense.


So the legal premise behind citizens arresting is still quite strong in most places dating back to common law that has developed over hundreds of years. Over the recent decades some special powers and exemptions have been made for police that has reduced the citizen's almost identical powers prior, but citizens still are not that different from police in many scenarios.
The biggest difference is in perception.
The public sees the police as the professionals.
While the media has conditioned the public to seeing even upholding the law as being a 'vigilante' (while the term actually refers to punishing without due process, a very different thing.)
However the public is the jurors, so their perception holds a lot of power when a jury is called upon to use their discretion. That perception results in the police being assumed to have done the right thing in an arrest or attempted arrest unless evidence shows otherwise, and the citizen often assumed to have done the wrong thing unless the evidence shows otherwise.
So it is not really the law that makes the biggest difference, but rather the application of the law influenced by public perception that influences jurors, detectives/investigators, and others in the legal process.
 
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Defend yourself?
Isn't this one of the arguments for gun control?
What? Defend yourself is not an argument for gun control.

My point was that you're discussing two different things, self-defense and stopping crime. One of those is the right, responsibility, and duty of everyone. The other is the job of our paid and sworn and indemnified law enforcement professionals. If a crime is stopped during the course of me having to defend my life, so be it. Otherwise, stopping bad guys from committing crime, as a general thing, has nothing to do with why I carry a weapon.

Call the cops in my community and you will be told not to take any action regardless of the crime and lack of police response. In other words just be a witness regardless of the harm the perp did/could still cause.
And that is FANTASTIC advice, up to and unless that harm involves hurting or killing someone. Then the matter becomes self-defense which is quite different.

That is a key point in the concept that only "pofessionals" are trained to take action. This to me represents a adoption of the liberals dependant of the government to take care of you. If fact the entire criminal justice is designed to push you as a victim out of the process. Is it any wonder that many feel if they see their neighbor being attacked legally the best choice is not to get involved?
Let's be very clear: The victim does not get to pass judgment on or punish the wrong-doer in a society under law. That has nothing to do with being "liberal." The criminal acts of a citizen are to be judged by a JURY, by society. Criminal offenses are offenses against society, though they are generally enacted on only one or a few members of society. If there is some redress of harms due the victim, that comes later, in a civil trial. And assault, execution, and even imprisonment are not the results of any civil suit.

You seem to be arguing for "vigilante justice" which is really just murder.

True. Excellent comment on the decline of our society in the last 50 years or so. It is easier just not to get involved than being arrested yourself for doing what you think was right under the circumstances.
If you think that you could only get in trouble for doing what you thought was right in the last 50 years, that's just not so. Now, many states do allow citizens to enact an arrest if they are convinced they've seen criminal wrong-doing. We tend not to advise that here because it is such a treacherous path and so very dangerous. It is monstrously easy to end up shot by someone ELSE, and have them claim self-defense against you -- and be right! Let alone all the many ways you may end up in jail for playing Dudley Dooright when you should have been acting as a good witness and reserving your forceful actions for when you had no choice but to act.

Safety but not fighting crime. In other words as the police teach don't resist cause you will only get hurt...This use to be one the attitudes about women being raped...don't resist it will only be worse.
No. That doesn't make any sense at all. Defend yourself if you are forced to do so. If you want to enforce laws, get the training, get sworn, get the protection we the people give to our law officers, and put on the badge. That's a righteous path, and it is how a society under laws operates.

It isn't a difficult case. Prep robs liqour store at gunpoint. As he is leaving the store still armed the liqour store clerk shot him. The prep said in his mind the crime ended after he got what he came for (the money). The clerk thought the crime was still in progress. Two different perceptions of the crime.
And under the law the clerk will have to prove why s/he believed that s/he was still under a deadly threat, and not acting retributively. And that belief must be reasonable. "Maybe he might have..." isn't good enough.

Did the threat to the community end after the perp got his money or as a violent offender till armed with a gun did he represent a continued threat to others?
You can't defend yourself against what someone might do sometime later. You can't execute someone because you think they might be still dangerous to someone, somewhere, sometime.

Act 1 rob liqour store. Crime ended when he got the money.
Act 2 he attempts to steal car for his getaway. Car owner resists so perp shoots him. Car owner falls to ground and does not resist further. Crime ended when car owner stopped resisting.
Act 3 Perp drives away after committing armed robbey, shooting car owner and stealing a car.

As you point out under todays laws probably each act would be as individual and since his last act was non violent use of force to arrest would be severely limited.
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Pretty much. If you were to observe that whole scene and arrive in range of that guy as he's starting that car to drive away, you do not have the authority to kill him. If you wanted to be so suicidal as to try to arrest him, your state laws would likely allow you to use some form of force in doing so, and if he was to then resist and you defended yourself, ...probably, maybe ok. But you snipe him from across the street? Nope.

Preception. The robber says the crime was over when I got what I want. The clerk says this guy pointed a gun at me and threatened to kill me if I didn't give him all of my money. I thought he might kill me on his way out to avoid leaving a witness.
And if the clerk could show that he/she had a credible, reasonable belief that that was true, there would probably be no conviction. Probably. Lots of people (about 12) have to agree with the reasonableness of that belief, though. If the clerk chases the "perp" outside and yells, "You blank-blank, you stole my money I'm gonna kill you!" most likely not.

Burglar gave back the money so the burglary ended and the crime only became violent after the homeowner stood in his way of his new goal...escape.
Tough call. Shot in self-defense? Probably ok. Shot to prevent escape, most likely not ok at all.

If daughter had shot perp while he was struggling with her mother could the daughter be charged?
Most likely a justifiable defense of another person.
 
Posted by Zoogster: Over the recent decades some special powers and exemptions have been made for police that has reduced the citizen's almost identical powers prior, but citizens still are not that different from police in many scenarios.
True, but it does vary according to jurisdiction. In one state, one may only apprehend someone when requested by a sworn officer. In another, citizen's arrest is not provided for.

The biggest difference is in perception.
And in the personal liability of the person doing the arresting. The community indemnifies the sworn officer, but the private citizen is very much on his own. To me, that is by far the biggest difference.
 
Zoogster said:
Well before people go too far in the opposite direction, it was the citizen that historically made most arrests....

The whole premise of relying on police is a relatively new thing in our history....
However, we line in the present, not in the past. Our conduct must be guided by current law and not the law as it was in the past.
 
As someone (Sam?) said earlier, a lot of it depends on the state, and even the local jurisdiction, as to what is an appropriate response.

Personally, the Sheriff cannot (physically) get up here in less than 30 minutes, could take more like a hour. If I were to call 911 for a home invasion (burglary while I am home) I would be expected to handle it so the Sheriff's deputy doesn't have to commit suicide trying to get here instantly. It's almost 50 miles to the Sheriff's office from here. If the perp did not voluntarily drop and stay put, he might anyway, against his will.

In WA it is perfectly legal to detain, and/or otherwise stop a perp in a home invasion, including using deadly force.

I must admit, I was passed by a deputy on a call the other day, I had no idea a Ford Explorer could go that fast...he had to be doing well over 130, but then he was down on US97 (good two lane with paved shoulders highway) not up here in the highlands on the gravel. Those guys really do put out the effort though.
 
In WA it is perfectly legal to detain, and/or otherwise stop a perp in a home invasion, including using deadly force.
Can you post the WA statute that makes this clear? I don't believe there are many places where use of deadly force (i.e.: not brandishing but actually shooting him) is lawful to detain someone. I'm curious how they word it.
 
There is a legal term 'Totality of the circumstance" that paints the whole picture not just what someone appears to see at the time.......
 
Posted by hermannr: If I were to call 911 for a home invasion (burglary while I am home) I would be expected to handle it so the Sheriff's deputy doesn't have to commit suicide trying to get here instantly.
You could lawfully prevent the burglary, if it were immediately necessary to do so.

If the perp did not voluntarily drop and stay put, he might anyway, against his will.
Unless you are a sworn officer, that would get you into a lot of trouble.

In WA it is perfectly legal to detain, and/or otherwise stop a perp in a home invasion, including using deadly force.

That is true--if and only if the actor is a peace officer or is acting under the officer's command and in the officer's aid to arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony, under circumstances in which the peace officer has probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm to the officer or a threat of serious physical harm to others. According to the law, mong the circumstances which may be considered by peace officers as a "threat of serious physical harm" are the following:

(a) The suspect threatens a peace officer with a weapon or displays a weapon in a manner that could reasonably be construed as threatening; or

(b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm.

The law goes on to say that the use of deadly force by persons other than sworn officers to arrest or detain under other circumstances is not permittted.

See this.
 
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