Legal way to handle a home invasion/shooting.

Discussion in 'Legal and Activism' started by fa35jsf, Aug 25, 2012.

  1. fa35jsf

    fa35jsf New Member

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    I have heard of many different ways one is suppose to respond to police after they have been involved in a shooting in order not to incriminate themselves, So what is the right way?

    Now I know, I know. There is lots of different scenarios. What state? Is there stand your ground laws? Castle Doctrine? Was the criminal armed or not? Did the criminal actually manage to break into and enter your home? Etc, Etc, Etc.

    Thats not what I'm looking for around here. What I want to know is what steps and processes should a person keep in mind should they find themselves in any type of situation where they have just had to use deadly force. Should they still have possession of the firearm when the police arrive or should they have cleared it and set it aside as to not pose a threat?

    I would really like to here from someone with legal experience such as a lawyer or someone who might have actually been involved in such a scenario.

    And it goes without sayin that I pray to God that I nor anyone else has to go through such an experience, however I believe everyone should be educated in these details should such a need arise.
     

  2. danf_fl

    danf_fl Retired Supporter

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    Each state has a different way of handling it.
    Become familiar with the laws, and ask questions or send letters to the congress men / women.

    They had a hand in getting such laws enacted, and one would expect them to know the laws inside and out.
     
  3. cswann1

    cswann1 New Member

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    The best (and legal) way to deal with a home-invasion is to take every preventative measure you can. Burglars look for weaknesses they can exploit. A well lit house with all locked doors and windows and no garage door opener visible in cars outside, and an alarm company sign out front will be passed by 99% of the time. Also, a well-trained large breed dog is a big plus for home protection.
     
  4. AcidFlashGordon

    AcidFlashGordon New Member

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    Like this one?

    [​IMG] :D
     
  5. locutus

    locutus Well-Known Member Supporter

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    Imediately call 911 and report home invasion, shots fired, subject down.

    Put your weapon in another room and await the police.

    When they arrive, follow all instructions in a polite and non-threatening manner.

    NEVER NEVER NEVER make a comment like "I offed the puke" or "I stepped on a cockroach"etc.

    When asked what happened, just say something like: "I was in fear of my life, and I had to defend myself."

    Now, remember that there is a very good chance that you will spend one night in jail until the police get it sorted out. Remember, they weren't there, and they just have your word for what happened. They need to investigate.

    MY advice, is to simply say: I'm really upset, and before I make a statement, I'd like a chance to talk with my pastor (or best friend, mother-father or whoever) AND MY ATTORNEY.


    You probably will spend the night in jail, but one night in the slammer beats the hell out making one stupid statement in the heat of the moment and getting into trials and lawsuits that could have been avoided if you'd kept quiet for 12 hours, and talked to an attorney.

    The police take dead bodies on the floor of your house very seriously. You'd be wise to do the same.

    One more thing. A little yappy dog like a Bichon or poodle is actually as good or better than a big dog. His yapping will let the whole neighbothood know that something is amiss.l
     
    Last edited: Aug 26, 2012
  6. billt

    billt New Member

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    I agree with most all of what you said except about "spending the night in jail". Generally if you are cooperative, and the shooting checks out to be just, you'll be questioned, (perhaps into the next day), but they have no reason to jail you unless they believe you're a flight risk, or else they intend to charge you, or all of the above. They, (the police) won't do anything with you physically until the District Attorney reviews everything. That could take days if not weeks. Look how long it took for Zimmerman to be charged. And if Martin were white, he never would have been.
     
  7. locutus

    locutus Well-Known Member Supporter

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    You're right, of course, Bill. But I like to prepare for the "worst case" scenario, and then I'm psychologically prepared if it happens.
     
  8. Overkill0084

    Overkill0084 Active Member

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    One might expect it. I suspect that in many cases one would be disappointed.
    Contact your state and local gun owners groups. You aren't the first to ask this question & you won't be the last. They should be able to steer you toward the resources you need.
     
  9. cswann1

    cswann1 New Member

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    Well that may or may not be an acceptable deterrent. But I agree that no burgler is going to attempt to b&e a place with anything making a lot of racket. But I've been around a lot of annoying little ankle-biters that bark their fool heads off at a stiff breeze and neighbors get used to that "yap-yap-yap" and tend to tune it out. I personally don't like small breed dogs like Chihuahua's, Shi-Tsu's, Yorkies etc. specifically for their obsessive need to advertise how tough they think they are to everyone. Big dogs know that they are big and tough and typically (if trained) only bark loudly when there is something really threatening going on that they want you to know about.
     
  10. locutus

    locutus Well-Known Member Supporter

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    Any dog, large or small, can, and should, be trained when to bark and when not to.
     
  11. billt

    billt New Member

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    Understood. Yet another factor is where you are located when the shooting happens. It shouldn't matter, but it does. For example, if you are located in a state that is very unfriendly to firearm owners to begin with, like Illinois, or California. You will be much more scrutinized by the "system", than if the same exact shooting occurred the same exact way in a friendlier state like Arizona or Texas. People there pride themselves on their gun rights. Politics has a way of entering into everything. Especially these days with a nation that is so divided. The Zimmerman / Martin shooting proved this.
     
  12. Threetango

    Threetango Audentes Fortuna Iuvat Supporter

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    Reminds me of this one.

    [​IMG]
     
  13. cswann1

    cswann1 New Member

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    ^ made me smile!
     
  14. partdeux

    partdeux Well-Known Member

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    how many attorney's 24/7 numbers do you have on speed dial?

    Better have more than one, and you should have made prior contact.
     
  15. m72law

    m72law New Member

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    Wonder how long the phrase ''Home Invasion'' would be around,If ADT,Brinks,ect. was to include a few of these diagrams in there ads/commercials......:)
     

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  16. jasrrt

    jasrrt New Member

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    [ame]http://www.youtube.com/watch?v=6wXkI4t7nuc&feature=youtube_gdata_player[/ame]
     
  17. USEBOTHHANDS

    USEBOTHHANDS New Member

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    the only way to learn IS to ask questions.

    with that said, i hate to be a devil's advocate, but this kinda thing could be construed to be "premeditation" by some slick, dirtbag civil lawyer.
     
  18. WebleyFosbery38

    WebleyFosbery38 New Member

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    "Ignorance of the law is no excuse", how many times have we heard that? I probably would have agreed with it about 30 years and 2000 new laws ago but not today.

    The fact is its about the best excuse based on facts most of us can really come up with and its not because we are dumb, its because we have better things to do than study the law day in and out like a Legal Clerk.

    For every law we are aware of, there are 100 we dont have a clue about including Lobster protocols and our right to self defense. RepubliCrats write and sign laws daily with the express intentions of being recognized for an accomplishment not necessarily fixing any particular injustice. They all want to be remembered like the original scriptors of our Constitution, with reverence and respect. Once a law hits the books, its there for all coming generations even if it doesnt fit or do spit for anyone. Buggy whip laws 100 years outdated are still being used to prosecute rocket-ship crimes!

    Its time to stop the madness, our elected leaders need to stop with the creationism style of lawmaking. The Constitution needs very few supporting or defining sub documents to be effective. Take their pens, Dictaphones and scribes away and tell them to work with what they have! Before any new law hits the books, they should be required to remove 4 old ones first! In 2 or 3 generations, ignorance of the law will again be no excuse instead of being a perfect one like it is today.