Are You Going to Jail? (The next installment)

[Bang-bang]

A) The LEO can take you based on any statement,
B) Giving too much info can be bad "I saw his hands"
Empty hands = no threat. your statement gets you locked up.
C) He started to reach around his back, he was going for a weapon!
Bang = legal!! even tho there was no weapon
D) He said your dead ! Thats a threat! bang.

I would tell the LEO I would like an attny present, and that I was in fear of my life.

 

[iChokePeople]

Actually, I would put a slightly different perspective on that. I think juries are more likely to believe that a woman was "reasonably" in fear of her life or serious injury than a man. It is less about capability of using a firearm, and more about the reasonableness of the fear IMHO.

+1 ^^

 

[lrahm]

Actually, I would put a slightly different perspective on that. I think juries are more likely to believe that a woman was "reasonably" in fear of her life or serious injury than a man. It is less about capability of using a firearm, and more about the reasonableness of the fear IMHO.

I agreee with you 110% however, juries are a different breed of people. Every court case I have seen or heard of, when the case goes to the jury it's a crap shoot on conviction or not. They try to analyze too much with as much time as they want when the person on trial had only a second to react. They feel that this is the age of CSI, NY and answers can forensics can solve everything.

 

[GuyRelford]

2) Whether the area claimed to be curtilage is included within an enclosure surrounding the home;

* * *

4) The steps taken by the resident to protect the area from observation by people passing by (shielding from public view will favor finding the portion is curtilage).

Like, say, by a perimeter privacy fence?

 

[GuyRelford]

YOU DIDN"T ANSWER THE REST OF MY QUESTIONS!!! laaaaame

Not lame - unnecessary.

 

[Phil502]

Actually, I would put a slightly different perspective on that. I think juries are more likely to believe that a woman was "reasonably" in fear of her life or serious injury than a man. It is less about capability of using a firearm, and more about the reasonableness of the fear IMHO.

Thats what I think too.

 

[Bill B]

Like, say, by a perimeter privacy fence?

So the only real variables, as far as curtilage is concerned, is distance from the dwelling, and the use ofthe area.
The fact that the shed is "behind the garage" is kinda troubling, but we don't know the size of the property. For me "behind the garage" is still darn close to the house.

 

[jedi]

So the only real variables, as far as curtilage is concerned, is distance from the dwelling, and the use ofthe area.
The fact that the shed is "behind the garage" is kinda troubling, but we don't know the size of the property. For me "behind the garage" is still darn close to the house.

Or the size of the shed. For me being a "urban type" a shed means a small structure enough to hold my push lawnmower and a few garden tools. Some on here (in the country) took the shed to be much bigger than that.


BTW what is the offical answer?

 

[jeremy]

Or the size of the shed. For me being a "urban type" a shed means a small structure enough to hold my push lawnmower and a few garden tools. Some on here (in the country) took the shed to be much bigger than that.


BTW what is the offical answer?

Exactly my "shed" is approximately 40'x80'...
Not sure what you would call that...

 

[Flyguy]

Exactly my "shed" is approximately 40'x80'...
Not sure what you would call that...

My shed is only 30'X40'... Now I have "shed envy"

 

[moischmoe]

1) The distance from the home to the place claimed to be curtilage (the closer the home is, the more likely to be curtilage);

2) Whether the area claimed to be curtilage is included within an enclosure surrounding the home;

3) The nature of use to which the area is put (if it is the site of domestic activities, it is more likely to be a part of the curtilage); and

4) The steps taken by the resident to protect the area from observation by people passing by (shielding from public view will favor finding the portion is curtilage

True, #2 and #4 have been satisfied in the OP, but that still doesn't mean that the fenced area is considered curtilage.

What about #1 and #3? How big is the property? Size DOES matter.

If I put a privacy fence around 10 acres, can I shoot someone from 200 feet away "to prevent or terminate the other person's unlawful entry of or attack on my dwelling, curtilage"? After all, they are inside my privacy fence.

The OP does not state the size of the property, so I still maintain, based on the info we have, that a privacy fence is not a guarantee of curtilage.

 

[88GT]

Actually, I would put a slightly different perspective on that. I think juries are more likely to believe that a woman was "reasonably" in fear of her life or serious injury than a man. It is less about capability of using a firearm, and more about the reasonableness of the fear IMHO.

That was my thinking when I posed the question. The standard for "reasonable" changes when it's two men against a female home alone with her two kids upstairs in bed.

 

[GuyRelford]

a privacy fence is not a guarantee of curtilage.

I agree 100% - but it helps!

 

[RoyalTenenbaum]

I agree 100% - but it helps!

Was the homeowner in fear for his life or wellbeing when the two men burst from the shed in his direction wielding the heavy object which could be used to crush the homeowners head in?

 

[GuyRelford]

Was the homeowner in fear for his life or wellbeing when the two men burst from the shed in his direction wielding the heavy object which could be used to crush the homeowners head in?

Let's assume he says he was. (BTW, the term "well-being" does not appear in the Indiana self-defense statute.)

 

[GuyRelford]

Exactly my "shed" is approximately 40'x80'...
Not sure what you would call that...

I have relatives who would call that "the summer home."

 

[moischmoe]

I say you're going to jail.

* Whether or not the shed is considered the OP's curtilage is unclear, so that does not factor into my decision.

* The OP shoot both men. The one that was NOT carrying the generator- sure, a possible threat. The one who was carrying the genny- his hands were full- probably not a threat.

* The OP knew he was going into a potentially dangerous situation. (He grabbed his 12 gauge, and took it with him.) One could argue that he left the safety of his house and put himself in harms ways. (Again, curtilage would be a factor in this one)

* Also, I don't know about this, so I'm asking. If you shoot someone, even in the best of circumstances, should you expect to go to jail, even if it's only an overnight stay? Is it possible to shoot someone, give a statement at the scene, or PD, and then be allowed to go home?

 

[subtlesixer03]

21 feet

Toward you.

Nope

Yep.

Incorrect they do in fact have a weapon, The generator. More then heavy enough to kill with and one is appearently large and strong enough to run with it so stands to reason he could easily kill you with it.


So my answer in no jail for you. They are commiting grand larceny (ever seen the cost of a honda gen Holy crap !!) You are outnumbered and they are runing at you with a very heavy object. Also they are on your property as well. Any man capable of running with a gen is capable of killing you with it. Also as soon as they stopped being a threat or trying to steal your property you stopped your force.

 

[rugertoter]

Depends upon what state you live in. If I were in that situation, I would arm myself and stay inside to call the police. If they decided to come inside, then that would be different.

 

[Sylvain]

Depends upon what state you live in. If I were in that situation, I would arm myself and stay inside to call the police. If they decided to come inside, then that would be different.

I would think that being on INGO and from the answers of the OP regarding Indiana Code, that the scenario is based in Indiana.