Source: [url]http://www.cnn.com/2011/CRIME/03/08/oregon.intruder.911/index.html?hpt=T2[/url]
[quote]This time it was the intruder who called 911. A man who broke into a house in Portland, Oregon, called police -- afraid the homeowner may have a gun.
The suspect, Timothy James Chapek, was in the bathroom taking a shower when the homeowner returned to the house Monday night, Portland police said in a statement.
Accompanied by two German shepherds, the homeowner asked Chapek what he was doing in the house.
Chapek locked himself in the bathroom and made an emergency call, police said. He said he had broken into the house, the owner had come home, and that he was concerned the owner might have a gun.
The homeowner also called the police to report that he had found a man in the house.
Police with dogs took Chapek, 24, into custody "without incident," they said. He was booked for criminal trespass.
They did not say if the homeowner did in fact have a gun.[/quote]
This reminds me of the story a few years ago where this guy broke into a house through the skylight, fell on a knife and sued the lady for something stupid...but he actually won.
[quote]The suspect, Timothy James Chapek, was in the bathroom taking a shower when the homeowner returned to the house Monday nigh[/quote]
Why the hell did he break into a house to take a shower?
[QUOTE=rosthouse;28491096]Why the hell did he break into a house to take a shower?[/QUOTE]
Homeless?
[QUOTE]This reminds me of the story a few years ago where this guy broke into a house through the skylight, fell on a knife and sued the lady for something stupid...but he actually won.[/QUOTE]
Wasn't that on Lair Lair?
[QUOTE=faze;28491047]Source: [url]http://www.cnn.com/2011/CRIME/03/08/oregon.intruder.911/index.html?hpt=T2[/url]
This reminds me of the story a few years ago where this guy broke into a house through the skylight, fell on a knife and sued the lady for something stupid...but he actually won.[/QUOTE]
No idea, but I do remember the following:
Guy wakes up in the middle of the night, hears noise, checks it out. Finds burglar. Walks towards him asking what the hell he's doing, trying to intimidate him, burglar fails to notice windows and falls out, hurts his back. Sues the homeowner and wins.
epic
[QUOTE=faze;28491097]Homeless?[/QUOTE]
If he's homeless, that doesn't explain how he could call 911 from the bathroom.
[QUOTE=Sir Whoopsalot;28491137]No idea, but I do remember the following:
Guy wakes up in the middle of the night, hears noise, checks it out. Finds burglar. Walks towards him asking what the hell he's doing, trying to intimidate him, burglar fails to notice windows and falls out, hurts his back. Sues the homeowner and wins.[/QUOTE]
America, where criminals get more rights than citizens.
[QUOTE=Sir Whoopsalot;28491137]No idea, but I do remember the following:
Guy wakes up in the middle of the night, hears noise, checks it out. Finds burglar. Walks towards him asking what the hell he's doing, trying to intimidate him, burglar fails to notice windows and falls out, hurts his back. Sues the homeowner and wins.[/QUOTE]
Yep, today's justice system favors criminals. Sad really...
[QUOTE=Sir Whoopsalot;28491137]No idea, but I do remember the following:
Guy wakes up in the middle of the night, hears noise, checks it out. Finds burglar. Walks towards him asking what the hell he's doing, trying to intimidate him, burglar fails to notice windows and falls out, hurts his back. Sues the homeowner and wins.[/QUOTE]
And this is why the Police tell you to shoot to kill home intruders since a dead body can't sue you
[QUOTE=johan_sm;28491159]America, where criminals get more rights than citizens.[/QUOTE]
You mean this? That was in the UK
[url]http://www.dailymail.co.uk/news/article-474025/Burglar-dies-falling-floor-window-following-confrontation-homeowner.html[/url]
[QUOTE=Broseph_;28491188]And this is why the Police tell you to shoot to kill home intruders since a dead body can't sue you[/QUOTE]
Not all states here have that. Here in Maryland, where I live, you have to give them time to escape after announcing you're armed. (Which gives away your position, and gives them time to fire on you.)
In most New England states, it's the law that if your home is broken into, you MUST flee the house. If you stay and try and defend your home, you [B]WILL[/B] be arrested.
[QUOTE=johan_sm;28491159]America, where criminals get more rights than citizens.[/QUOTE]
That's hilarious, I think you have it backwords. In many States in the U.S, we can shoot you dead as long as 'we' feel physically threatened(and that's by individual definition, not a jury or defined in some obscure and complicated text), I myself have absolutely no duty to retreat or even give a warning. And that applies to our homes and our cars when we are out driving. Granted, I have to be in the car, but it still applies.
Is every state like this? No. Some say give warnings, very few say retreat, but in no situation does a home/vehicle invader get more rights than me. I could probably even throw an intruder out my window and not have to worry about reprocussions.
If you are curious, here is actual legislation from everyone's favorite state that specifically clarifies I can use physical and deadly force if I feel threatened.
[url]http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/sb1145p.htm[/url]
Unlike, you know, some places where squatters can come live in your house and they have more rights than you.
Stupidity, this is a PERFECT example of it.
[QUOTE=SilentOpp;28492125]That's hilarious, I think you have it backwords. In many States in the U.S, we can shoot you dead as long as 'we' feel physically threatened(and that's by individual definition, not a jury or defined in some obscure and complicated text), I myself have absolutely no duty to retreat or even give a warning. And that applies to our homes and our cars when we are out driving. Granted, I have to be in the car, but it still applies.
Is every state like this? No. Some say give warnings, very few say retreat, but in no situation does a home/vehicle invader get more rights than me. I could probably even throw an intruder out my window and not have to worry about reprocussions.
If you are curious, here is actual legislation from everyone's favorite state that specifically clarifies I can use physical and deadly force if I feel threatened.
[url]http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/2r/bills/sb1145p.htm[/url]
Unlike, you know, some places where squatters can come live in your house and they have more rights than you.[/QUOTE]
He means more legal rights as far as in court. The fact that he broke into your house in the first place means he would be trespassing, so you should not be responsible for any harm that comes to him. Sadly, that is not the case.
[QUOTE=faze;28492066]Not all states here have that. Here in Maryland, where I live, you have to give them time to escape after announcing you're armed. (Which gives away your position, and gives them time to fire on you.)
In most New England states, it's the law that if your home is broken into, you MUST flee the house. If you stay and try and defend your home, you [B]WILL[/B] be arrested.[/QUOTE]
Hmm I live in Maryland and I have never heard of that law.
[QUOTE=GetBent;28492160]Hmm I live in Maryland and I have never heard of that law.[/QUOTE]
[url]http://en.wikipedia.org/wiki/Castle_doctrine[/url]
[QUOTE=johan_sm;28491159]America, where criminals get more rights than citizens.[/QUOTE]
Just because you aren't allowed to kill intruders (a perfectly valid law) doesn't mean that they have more rights than you.
Suing the owner of the home you broke into and winning is civil anyway, it has nothing to do with criminal law. Either a dumb judge or we don't have all the details.
[QUOTE=faze;28492167][url]http://en.wikipedia.org/wiki/Castle_doctrine[/url][/QUOTE]
[quote]It then goes on to give a person the legal right to use deadly force to defend that place (his "castle"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack.[/quote]
it means you can kill the person that intruded in on your home if you give them a warning, such as cocking your gun or telling them verbally.
where's the part that says you have to run from your home or else you'll be arrested?
[QUOTE=brianosaur;28492271]it means you can kill the person that intruded in on your home if you give them a warning, such as cocking your gun or telling them verbally.[/QUOTE]
Exactly what I already said. The scary thing is, nowhere says anything about the amount of time you have to give them to run away...3 seconds, 45 seconds, what? Prosecutors can and will tear that apart.
[QUOTE=faze;28492295]Exactly what I already said. The scary thing is, nowhere says anything about the amount of time you have to give them to run away...3 seconds, 45 seconds, what? Prosecutors can and will tear that apart.[/QUOTE]
Except the opposite is true. If the law doesn't specify a time, you aren't obligated to give an amount of time. That means if they don't book it the fuck out of the house, you have the right to take action. The criminals are safeguarded by the fact that criminal investigators now have the tools to determine if you shot someone while they were fleeing, in that case you didn't give them a warning(that they could adhere to).
If the law said 'you must give enough time for the intruder to drop any property and take the most direct and open path to the nearest exit' that would be nice and all but it's basically assumed. They better be leaving with their pockets empty(I say this because leaving with a tv in your hands isn't really leaving...).
If the law doesn't specify, it doesn't put you in the wrong, it makes you right. The defense would tear up the prosecution in that case.
I'm pretty sure the outrageous lawsuits mentioned in this topic (falling on a knife and suing, etc.) didn't really happen. I remember reading about them on Snopes.
[QUOTE=faze;28492295]Exactly what I already said. The scary thing is, nowhere says anything about the amount of time you have to give them to run away...3 seconds, 45 seconds, what? Prosecutors can and will tear that apart.[/QUOTE]
If you shoot the intruder dead, how will they know if you gave a warning or gave him a chance to run anyway?
[QUOTE=johan_sm;28492643]If you shoot the intruder dead, how will they know if you gave a warning or gave him a chance to run anyway?[/QUOTE]
I think a better question is why you feel entitled to kill somebody who is invading your home.
[QUOTE=Sanius;28492668]I think a better question is why you feel entitled to kill somebody who is invading your home.[/QUOTE]Uh, so he doesn't kill me? I am not taking risks and giving him time to leave. If law allows, I will shoot that sonofabitch dead.
[QUOTE=johan_sm;28492706]Uh, so he doesn't kill me? I am not taking risks and giving him time to leave. If law allows, I will shoot that sonofabitch dead.[/QUOTE]
Home invaders are not cattle. Unless they pose an active threat to you, you can not justify deadly force.
[QUOTE=Sanius;28492668]I think a better question is why you feel entitled to kill somebody who is invading your home.[/QUOTE]
Try looking up some of the 911 calls on Youtube, I know there are a few on there.
Listen to the last moments of people's lives who decided it would be better for them to trust the 911 system to get them help - then them having their own method to help themselves.
[QUOTE=Sanius;28492730]Home invaders are not cattle. Unless they pose an active threat to you, you can not justify deadly force.[/QUOTE]
Trespassing in your home is an active threat.
[QUOTE=Sanius;28492668]I think a better question is why you feel entitled to kill somebody who is invading your home.[/QUOTE]
If someone breaks into my home with my wife and child present, they will be receiving lead until I confirm they are no longer a threat.
The danger they pose is simply to great for me to even risk the chance they maybe armed/not armed.
[QUOTE=johan_sm;28492706]Uh, so he doesn't kill me? I am not taking risks and giving him time to leave. If law allows, I will shoot that sonofabitch dead.[/QUOTE]
If he visibly has a weapon or reaches into his coat for something, yeah, go ahead and shoot. But if he's just standing there or backing away you have absolutely no right to fire.
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