Question about someone coming into your house. Thoughts?

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  • Action

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    Not a law degree but I have investigated enough homicides in my lifetime to know what will get you charged. Maybe not always convicted but the last thing I want is one of you guys gambling with your life on internet advice. Hated to chime in but felt it should be pointed out.
     

    Droshki

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    Please allow me to repeat my original recommendation, to wit: A door that locks automatically behind you yet, is not inconvenient, since it is opened by a variable length pushbutton combination of your choosing:

    Might wanna consider one of these:

    http://www.amazon.com/LAYKOR-Keyles...qid=1423790650&sr=8-11&keywords=key;less+door

    They latch automatically when the door closes, but can be opened of course without keys, by entering a short code of your choice. They also have a setting to set it to a straight passage mode if desired, then you can cancel it and return to the default settings. Also have several other features. I have four of them on my PCB house, and they work great.
     

    Droshki

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    Not a law degree but I have investigated enough homicides in my lifetime to know what will get you charged. Maybe not always convicted but the last thing I want is one of you guys gambling with your life on internet advice. Hated to chime in but felt it should be pointed out.

    No, I totally agree with you, that its variable, gray, murky and depends on what the jury had for breakfast that morning. Its everyone else just telling this poor kid to just pop a couple caps in their ass.
     

    bigbulls

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    There are so many ways to look at this. Say it's the drunk neighbor that just walked through the door drunk and you shoot and kill him. Cops show up and you say the guy walked through my unlocked front door and I shot him. No officer he didn't say or do anything but he was in my house so I shot him. You have a problem.

    Shitbag that was only lying about wrong house. Find out he was there to rob or steal. You got luck with no problem.

    Or officer I was afraid because he charged at me blah blah blah. No issue.

    What I'm trying to say is that one person walking through the door that's unlocked isn't forcefully entering and you need a tad but more in my opinion of the law. But what I do agree with is that I would keep an eye out for the dude and lock my door.
    We're not talking about the drunk neighbor that you know and recognize.

    We're talking about two unknown males unlawfully entering a dwelling at 10pm, slamming the door, dog is going nuts, and the occupant confronting them in his living room in the dark with out a light. That's the question posed.

    Its everyone else just telling this poor kid to just pop a couple caps in their ass.
    Didn't say that. Said in the scenario he was asking about, if I were in the situation he was asking about I would most certainly believe I would be justified in the use of lethal force.
     
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    Droshki

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    The guy that shot the black chick in the middle of the night about six months ago is doing hard time right now, and yes, a covered porch is inclusive to your residence. He totally thought he was covered.

    But he wasn't.

    Theodore Wafer Sentenced to 17 Years in Michigan Shooting of Renisha McBride

    http://www.nytimes.com/2014/09/04/us/theodore-wafer-sentenced-in-killing-of-renisha-mcbride.html

    Examples abound.

    Mr. Wafer testified that he had been asleep in a recliner in his living room at 4:30 a.m. when he was jolted awake by the pounding on his doors. He was terrified, he said, and within minutes scrambled for his Mossberg 12-gauge shotgun stashed in a closet, which he had loaded less than two weeks earlier after vandals paint-balled his vehicle. He believed, he said, that someone was trying to break into his home in Dearborn Heights, just across the city line from Detroit.

    “I was upset,” he told the courtroom. “I had a lot of emotions. I was scared. I had fear. I was panicking.”

    But prosecutors asserted that Mr. Wafer had acted lawlessly, failing to call the police and then shooting an unarmed woman without warning.
     
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    oneshot

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    A good class should cover that , I do in the one that do, that's one reason my class is most of the day, When I was helping with the ones we were doing at the SO we covered that type of thing happening. Just my 100 cents jj
     

    Droshki

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    Didn't say that. Said in the scenario he was asking about, if I were in the situation he was asking about I would most certainly believe I would be justified in the use of lethal force.

    The original scenario that he asked about was hypothetically,if he did not have a light, and was unable to identify who it was, was it OK to shoot.

    Now here is my question say I didn't have my light and I thought someone broke into my house and I was in fear for my life. What would happened if I shot?
     

    Action

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    We're not talking about the drunk neighbor that you know and recognize.

    We're talking about two unknown males entering a dwelling at 10pm, slamming the door, dog is going nuts, and the occupant confronting them in his living room in the dark with out a light. That's the question posed.

    I guess I'm missing your point or you missed mine. It doesn't matter if you recognize him or not you can't shoot him because you just want to because he walked in your unlocked door. There is always the added I was in fear cause he came at me and all the other things that made you fear for your life that you should say. If he broke the door down then you have meet the statute. You can shoot who you want to cause I don't care but telling someone else when to shoot someone is like taking their pilots license test for them. But to add to it each little variable makes it more justifiable or less matters what it is. There is wiggle room in everything.
     

    oneshot

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    I would say from what he has about the incident He could be on a big shaky ground. I would listen to Action I know him , He deals with this all the time. Just my 5 cents
     
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    bigbulls

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    The guy that shot the black chick in the middle of the night about six months ago is doing hard time right now, and yes, a covered porch is inclusive to your residence. He totally thought he was covered.

    But he wasn't.

    Theodore Wafer Sentenced to 17 Years in Michigan Shooting of Renisha McBride

    http://www.nytimes.com/2014/09/04/us/theodore-wafer-sentenced-in-killing-of-renisha-mcbride.html

    Examples abound.
    I don't know what Michigan laws are there since we are in Florida.
    Woman banging on doors at 4:30 in the morning. Man opens door and shoots her. Not quite the same thing.


    The original scenario that he asked about was hypothetically,if he did not have a light, and was unable to identify who it was, was it OK to shoot.
    Yes, I know.

    I guess I'm missing your point or you missed mine. It doesn't matter if you recognize him or not you can't shoot him because you just want to because he walked in your unlocked. There is always the added I was in fear cause he came at me and all the other things that made you fear for your life that you should say. If he broke the door down then you have meet the statute. You can shoot who you want to cause I don't care but telling someone else when to shoot someone is like taking their pilots license test for them. But to add to it each little variable makes it more justifiable or less matters what it is. There is wiggle room in everything.
    No, I understand your point and I know there is wiggle room in everything. My point is taking this exact scenario but with out the advantage of a light. Not the news clipping above type of thing.

    Two males enter your home unlawfully at 10pm and slam the door. Dog is going nuts barking her head off. You frantically grab your gun and come around the corner of your dark living room and see two large males walking through your living room.
     
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    FUPAGUNT

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    Just watch your ass man and make sure yer girl does the same. I hope you have a safe
     

    Droshki

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    Action seems to be the only one here with his head about himself.

    Cowboy internet heroics don't stand up in the cold light of a courtroom.
     

    Droshki

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    I don't know what Michigan laws are there since we are in Florida.
    Woman banging on doors at 4:30 in the morning. Man opens door and shoots her. Yeah, that's the same as this.

    You still refuse to acknowledge the original question. Its not what you think it was. Ill post it again:


    Now here is my question say I didn't have my light and I thought someone broke into my house and I was in fear for my life. What would happened if I shot?

    ANYTHING could happen after that, depending on what the underlying circumstances were. Shooting them, is not an automatic answer.



    Man opens door and shoots her. Not quite the same thing.

    Its a lot closer than you think, since in both jurisdictions, a covered porch is considered part of your house.

    I know this for a fact, I've got two locals kid being prosecuted for B&E into my PCB house, and they were simply on my enclosed rear porch.
     
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    bigbulls

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    The original scenario that he asked about was hypothetically,if he did not have a light, and was unable to identify who it was, was it OK to shoot.

    You still refuse to acknowledge the original question. Its not what you think it was. Ill post it again:







    ANYTHING could happen after that, depending on what the underlying circumstances were.
    I'm the only person here staying with the original question posed.

    Of course anything COULD happen. Who the responding officers are, what he said to officers, what the survivor(s) said to officers, etc... etc... etc... Brandon already said he was scared shitless, adrenalin pumping, etc... etc.. The lawful occupants actions will still certainly depend on the actions of the intruders. Are you required in Florida (not Michigan) to warn an intruder? No. Does the home owner/renter believe that his life was in danger when he shot. Brandon certainly believed his was even with the aid of a light. Luckily the intruders hauled ass. Had they stayed a few seconds longer or didn't comply with commands I'm sure we would be hearing about this on the nightly news.
     
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    Action

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    Ok I read it again. Original question. No light and all with guy still saying don't shoot wrong house and you kill him. Problem.

    No light guy doesn't say anything you are "scared for your life" you shoot him and he is a robber. Good shoot.

    You find out he was you actual neighbor that was drunk and you shot unarmed guy that didn't force his way in. Problem.

    The interview makes a lot of difference.

    If I over sleep for work tomorrow I'll need one of you to write me a note. Thanks
     

    oneshot

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    Want go into all the detail's, But I have been in something very close to this, ended up shooting two Guys, used a shotgun, they made it to a hospital. Got lucky in a lot of ways. Just my 50 cents jj
     

    bigbulls

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    Ok I read it again. Original question. No light and all with guy still saying don't shoot wrong house and you kill him. Problem. Agree

    No light guy doesn't say anything you are "scared for your life" you shoot him and he is a robber. Good shoot. Agree

    You find out he was you actual neighbor that was drunk and you shot unarmed guy that didn't force his way in. Problem. Depends. It's dark, do you recognize him? Does he comply with commands? Does he keep advancing? etc... etc...

    The interview makes a lot of difference. Absolutely.

    If I over sleep for work tomorrow I'll need one of you to write me a note. Thanks
    I'll type one up now. LOL.
     

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