There have been some issues in my neighborhood lately. Vehicle burglaries, some other activity. Sounds like teenagers, not that age really matters. If caught in the act breaking into my vehicle, garage, workshop etc. can I detain them until sheriff deputy arrives? Obviously, if we are in danger, they have a gun the situation changes. I'm talking about in no way in fear of our safety, just don't want to let them run down the driveway to the next house or to come back next week. What are my legal options and which one of those is best?
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Good question. I'll be interested to see the replies. -
Yeah this is going to get alot of variable answers I would imagine.
You hold a CHL? Just curious
Remember what a man did about 6 years ago named Joe Horn.Comment
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after dark...stealing, you can shot them if on your property...I believe you can hold them at point till the LEO shows up.Comment
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This is a question for a lawyer, not a question for an LEOComment
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X2Originally posted by JustinJanow View Post
Thin line between kidnapping and detaining for authorities.Comment
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Lol I think it would be simple, I bet the kid would rather be detained than shot.Comment
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In Texas, you may use deadly force in order to stop a thief. at night, if there is no reasonable expectation of recovering the property otherwise. Not that you want to do it but if he is running off with your property, You are legally justified in shooting.Comment
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Agreed, hence my concern. Hoping to avoid the lawyer all togetherOriginally posted by Bullseye07 View Post
. My feeling is that they could turn the kidnapping card pretty easily so I was wondering if there was a provision in the law. If it isn't clear cut it wont even be a consideration.
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Actually you're not. You have to also reasonably fear for your life. Them running away from you doesn't constitute that.Originally posted by GarGuy View PostComment
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I guess you're asking if we can really put someone under citizens arrest?Comment
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Hypothetical answer:
If I were to be called to your house and you had caught a guy burglarizing your car, and had him detained, I would arrest him and charge him with burg or a vehicle. I would take your statement and you had better be prepared to testify at his trial.
I would treat it the same as loss prevention at a retail store detaining for theft.
Still, consult your atty.Comment
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At night is the key word. Running away or not. It becomes criminal mischief. If you reasonably believe the property cannot be recovered you are allowed to protect that property with deadly force. I can post the penal code pertaining to this if I can find it.Originally posted by Bullseye07 View PostComment
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9.42 of the penal code.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
It specifically states "fleeing" in the above. Check out part (B)
Would I shoot someone in the back running away with stolen property? Never. I don't think a human life is worth any personal possessions. But, that's a personal choice. However, it is legal in some cases. Night being one of those cases.Comment
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