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Thread: Burglar sues men who captured him, claims rough citizens arrest

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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by 1069 View Post
    Well, honestly; it was a non-violent crime, and I don't think it's the place of random citizens to beat and injure him.
    He had not been proven guilty in a court of law.
    If he was resisting arrest and the police had to rough him up in order to take him down, that's one thing. They are within their rights to do so, I suppose. Whatever it takes to subdue him.

    But I think it sets a bad precedent for the legal system to condone citizens beating other citizens with impunity, simply because they perceive them to be in the act of committing a property crime.

    I feel the judge probably will not rule in favor of this plaintiff, but I think he/she should, if only to discourage citizens from this sort of vigilantism in the future.
    There's a lot we don't know, such as how badly the plaintiff was injured.
    Wow vigilantism, really? What a horrible state our country is in when citizens protecting their own property are suddenly "vigilantes". Vigilantism is the punishment of somebody for a perceived crime, not stopping somebody in the middle of committing a crime. The more we depend on "authorities" to defend ourselves, the less they will be able to. Why do you feel we need to be discouraged from defneding ourselves?
    Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual. -Thomas Jefferson

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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by Lord Tammerlain View Post
    They were tresspassing on my property, god knows with what intent. Perhaps to steal my crab apples, perhaps to get their football. Point is they were tresspassing and should be shot.

    My yard is my property just like my house, enter either without approval I should be able to shoot you
    This a common sense moment. Not that I expect you to get it.
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by apdst View Post
    That's easy to say when it's not your crap being ripped off.
    Actually no, if I saw someone stealing stuff out of my car, or trying to steal my car I would call the police, and not confront him. I'm not going to risk being injured, killed, or raped to save something that could be replaced.


    If I had a gun, and he tried to come in the house though I would have no problems with shooting him.
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by TurtleDude View Post
    I guess I wasn't clear--if I WROTE THE RULES, someone who initiates a felonious act against a would be victim would be disbarred from suing his would be victim for whatever that WBV does to him in the COURSE of the felonious conduct. Now if Leroy steals a tv set from Jerome and a year later Jerome sees Leroy walking down the street and walks up and shanks Leroy-now that would be grounds for Leroy to sue Jerome. On the other hand, if Leroy is sneaking out of Jerome's home with a tv set and Jerome gives Leroy a colonoscopy with a BushMaster M4 in 5.56MM NATO, that's Leroy's tough luck
    Ah, MUCH different. I can see your point. And that I can agree with. You're advocating that citizens be given the same protections as a police officer in making arrests. This would mean that he COULD be liable if he used undue force -- just as a police officer would. I'm sure you'd agree that a citizen shouldn't be given a blank check, so to speak.

    As to your examples. Yeppers!! With ya' on both counts. Though on the last one, you might want to put aside $10,000 to defend yourself in the courtroom just in case. ;-)
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by apdst View Post
    Hell! If they kicked him to death; who cares?

    It goes back to my earlier comment: if this happened more often, there would be fewer burglers.

    Liberals worry too much about criminal's rights and too little about law abiding citizen's rights.
    I remember a story about an elderly lady in a state with a castle law (Florida, I think.). She came out of the supermarket and thought four teenage boys were stealing her car. She opened fire and afterward realized that her car was still there. When she got to the police department to report her mistake the four boys were already there.

    Now what if she killed one of those innocent boys? You gonna volunteer to tell their parents that a car was more important than their son's life? There's a reason we have due process here in America. This would be an excellent example.
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by rudygetsplenty View Post
    Wow vigilantism, really? What a horrible state our country is in when citizens protecting their own property are suddenly "vigilantes". Vigilantism is the punishment of somebody for a perceived crime, not stopping somebody in the middle of committing a crime. The more we depend on "authorities" to defend ourselves, the less they will be able to. Why do you feel we need to be discouraged from defneding ourselves?
    You are allowed to use reasonable force to defend property. You're not allowed to tackle him, break his hip, kick him in the head and sit on his chest until a copper comes. (Not saying those injuries done in this case, just an illustration.) You'd better familiarize yourself with your state's citizen's arrest statutes. Your state may not even allow them....much less injuring someone in the process.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by apdst View Post
    This a common sense moment. Not that I expect you to get it.
    No, I do get it


    Which is why I was using the extreme version of defending ones property rights.

    A bunch of kids violating my property rights and shooting them for it is an extremist version of what Agent Feris posted. It falls within the paramaters of what his post mentioned.

    Shooting someone for bike theft is rather extreme in my opinion and is beyond what common sense dictates. Shooting someone who is a probable threat to your life is perfectly fine, from a common sense aspect
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    This is the reason why if someone breaks into my home, he will not live to sue me over it.
    "God is the name by which I designate all things which cross my path violently and recklessly, all things which alter my plans and intentions, and change the course of my life, for better or for worse."
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by MaggieD View Post
    You are allowed to use reasonable force to defend property. You're not allowed to tackle him, break his hip, kick him in the head and sit on his chest until a copper comes. (Not saying those injuries done in this case, just an illustration.) You'd better familiarize yourself with your state's citizen's arrest statutes. Your state may not even allow them....much less injuring someone in the process.
    I would say sitting on their chest is fine as means to restrain the person. Unless you weight 400 lb and would likely kill the person by doing so
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    Re: Burglar sues men who captured him, claims rough citizens arrest

    Quote Originally Posted by lizzie View Post
    This is the reason why if someone breaks into my home, he will not live to sue me over it.
    I see your point. But you'd better shoot his wife, kids and parents as well. People think it's just a simple cake walk if they shoot someone. It's not. Be prepared for legal expenses to defend yourself against possible criminal and civil charges. Happens allll the time. (Yeah, I know -- I'd rather be judged by 12..... Me, too.)
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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