I have a huge problem in my life right now. My mother,who is a hard working woman, is dealing with a repetitive burglar. This is happening up to 3 times a week, but it happens in broad daylight while she is at work and only at that time. The police have taken report after report but nothing is being done. We suspect that this thief is actually my very own brother, but we have no proof. I CAN NOT allow my mother to have the stuff she works her butt of for to be stolen. I am planing on arming myself for defense while sitting in her house while she is normally at work to figure out who is doing this. I never thought, nor wanted to get into a position like this but I feel like I don't have a choice. My question would be what force is "ok" to use in this situation since this technically isn't my house. Thanks for your help and advice.
Indiana Code IC 35-41-3-2 & IC 35-41-3-3
IC 35-41-3-2
Use of force to protect person or property
Sec. 2.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
Thought about that, but my brother is ex convict with multiple charges. I do not know if he will be armed with any type of weapon or react violently. He has spaced his self from the family about 3 years ago and has gotten bad on drugs. I feel horrible is only 20 years old and is so far gone from society.
One should be careful about the vicarious defense of curtilage.
I read the Indiana code, and it doesn't really make sense to me in rather it would be a crime to protect myself on someone else's property. I do not want to kill my brother thats for sure, (we are not 100% sure it is him) but like I said I can't let this happen to my mom. She tried cameras once he found them and then tore the house apart looking for the DVR they were recording to.
There is. You'd be better off legally holding him at gun point until the police arrived.More than one person has mentioned tying people up. I think anyone should be careful about that sort of thing. I imagine there could be considerable legal problems with tying people up.