Police shooting black man in the back ... again (Kenosha, WI)

#3,476
#3,476
hog88 said:
And the law in TN and many other states gives me the right to protect my property.
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Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.

Tennessee Self-Defense Laws - FindLaw
Tennessee Code Title 39. Criminal Offenses § 39-11-614 | FindLaw

I don't think 'deadly force' is considered justified solely for the protection of property in any state; you still have to be ins position where you were in imminent danger of death or 'great bodily harm'.
 
#3,477
#3,477
NorthDallas40 said:
You shoot somebody in Texas for trying to burn down your home and the only interaction you get from police is an apology for messing up your lawn to clean up the trash.
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Isn't there a law in TX that allows deadly force for someone stealing your property after dark? I seem to remember watching a repo man show once and they said something about how dangerous it is to repo at night in TX because of it.
 
#3,478
#3,478
BeardedVol said:
Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.

Tennessee Self-Defense Laws - FindLaw
Tennessee Code Title 39. Criminal Offenses § 39-11-614 | FindLaw

I don't think 'deadly force' is considered justified solely for the protection of property in any state; you still have to be ins position where you were in imminent danger of death or 'great bodily harm'.
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Once a person is told to leave and they refuse and continue to advance, you are in imminent danger.

I want to see the DA that charges someone in TN (outside of Davidson county) with murder in a case like this.
 
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#3,479
#3,479
hog88 said:
Isn't there a law in TX that allows deadly force for someone stealing your property after dark? I seem to remember watching a repo man show once and they said something about how dangerous it is to repo at night in TX because of it.
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I don’t think there are any discriminators for time or ambient light. Hell in Texas I think you can shoot them for trying to run away with your property as you are trying to recover it. Honestly in Texas when it comes to personal property protection rights I think we are a tad Wild West. But I’ll take that approach to the alternative. I’m not inclined to shoot somebody for running off with a TV. But I see no reason the thief needs to know that.
 
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#3,480
#3,480
hog88 said:
Once a person is told to leave and they refuse and continue to advance, you are in imminent danger.

I want to see the DA that charges someone in TN (outside of Davidson county) with murder in a case like this.
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You can say that to yourself, but you are probably going to be charged with 1st or 2nd degree murder if you shoot someone after you tell them to get out of your yard and they just stand there and make faces at you.
 
#3,483
#3,483
hog88 said:
Yes please do.
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Defense of Property:
The right of a person to protect one's property with reasonable force against another person who is threatening to infringe on one's possessory interest in such property.

Where a defendant is on trial for criminal assault or battery, he may argue, in certain instances, that he reasonably believed that his actions were necessary to defend his property from the victim. However, as we will see, the use of force to protect property is much more limited than the right to use force to protect oneself or other people.

It is important to remember that deadly force can never be used simply to defend property against someone else’s interference with that property, even if that interference is unlawful and even if there is no other way to prevent that interference. See State v. Metcalfe, 212 N.W. 382 (Iowa 1927). Please note, however, that deadly force may be used where the facts also support another privileged use of force.

SOURCE: Lawshelf

# # #

There are exceptions - particularly in regards to one's home (e.g. states with Castle laws) - but outside of your house, shooting someone stealing your ten-speed bike, for example, will land you behind bars.
 
#3,486
#3,486
NorthDallas40 said:
I don’t think there are any discriminators for time or ambient light. Hell in Texas I think you can shoot them for trying to run away with your property as you are trying to recover it. Honestly in Texas when it comes to personal property protection rights I think we are a tad Wild West. But I’ll take that approach to the alternative. I’m not inclined to shoot somebody for running off with a TV. But I see no reason the thief needs to know that.
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I wouldn't shoot a person for petty theft of my property (unless I know them and it gives me an opportunity I've been looking for) but if they were trying to burn my house or other buildings they would get a bullet.
 
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#3,487
#3,487
BeardedVol said:
If your attorney attempts to use "he walked towards him" as the basis for an affirmative 'self-defense' defense, then you should've chosen a better attorney.
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Curious reply from you since you specifically stated “continues to stand there and make faces at you” after it was specifically qualified with “continues to advance”. It’s almost ... like... you’re attacking a STRAW MAN! 😳
 
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#3,488
#3,488
hog88 said:
I wouldn't shoot a person for petty theft of my property (unless I know them and it gives me an opportunity I've been looking for) but if they were trying to burn my house or other buildings they would get a bullet.
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Agreed. On both counts 😬
 
#3,491
#3,491
MontyPython said:
Defense of Property:
The right of a person to protect one's property with reasonable force against another person who is threatening to infringe on one's possessory interest in such property.

Where a defendant is on trial for criminal assault or battery, he may argue, in certain instances, that he reasonably believed that his actions were necessary to defend his property from the victim. However, as we will see, the use of force to protect property is much more limited than the right to use force to protect oneself or other people.

It is important to remember that deadly force can never be used simply to defend property against someone else’s interference with that property, even if that interference is unlawful and even if there is no other way to prevent that interference. See State v. Metcalfe, 212 N.W. 382 (Iowa 1927). Please note, however, that deadly force may be used where the facts also support another privileged use of force.

SOURCE: Lawshelf

# # #

There are exceptions - particularly in regards to one's home (e.g. states with Castle laws) - but outside of your house, shooting someone stealing your ten-speed bike, for example, will land you behind bars.
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Again, we're not talking about petty theft.
 
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#3,494
#3,494
hog88 said:
That isn't what we are talking about now are we?
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NorthDallas40 said:
Curious reply from you since you specifically stated “continues to stand there and make faces at you” after it was specifically qualified with “continues to advance”. It’s almost ... like... you’re attacking a STRAW MAN! 😳
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Point being that 'walking at you' or 'refusing to get off your lawn' is not going to be considered reasonable grounds for the use of deadly force in self-defense.

Some of you guys seem to think that this is still the 1870s Arizona territory when it comes to being able to open fire at someone because you felt like it; self-defense laws are pretty specific and narrow for a reason. If you own and or carry firearms, you should actually familiarize yourself with the self-defense laws in your state.
 
#3,495
#3,495
BeardedVol said:
Point being that 'walking at you' or 'refusing to get off your lawn' is not going to be considered reasonable grounds for the use of deadly force in self-defense.

Some of you guys seem to think that this is still the 1870s Arizona territory when it comes to being able to open fire at someone because you felt like it; self-defense laws are pretty specific and narrow for a reason. If you own and or carry firearms, you should actually familiarize yourself with the self-defense laws in your state.
Click to expand...
635E8D7B-2E37-4792-9420-87F563E9DEB1.png
 
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#3,497
#3,497
BeardedVol said:
Point being that 'walking at you' or 'refusing to get off your lawn' is not going to be considered reasonable grounds for the use of deadly force in self-defense.

Some of you guys seem to think that this is still the 1870s Arizona territory when it comes to being able to open fire at someone because you felt like it; self-defense laws are pretty specific and narrow for a reason. If you own and or carry firearms, you should actually familiarize yourself with the self-defense laws in your state.
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It is in Georgia.
 
#3,498
#3,498
BeardedVol said:
Point being that 'walking at you' or 'refusing to get off your lawn' is not going to be considered reasonable grounds for the use of deadly force in self-defense.

Some of you guys seem to think that this is still the 1870s Arizona territory when it comes to being able to open fire at someone because you felt like it; self-defense laws are pretty specific and narrow for a reason. If you own and or carry firearms, you should actually familiarize yourself with the self-defense laws in your state.
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I would argue that it is. Anyone that continues to "walk toward" an armed property owner after being warned and instructed to leave is a threat.

I have. You should before you continue with stupid arguments.
 
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