Trespassing law?

[public servant]

All a homeowner has to say was "I discharged my weapon to prevent &/or immediately terminate the intruder's trespass".

You will still need to articulate why you felt deadly force was necessary.

I don't disagree with you in principle, and it goes against my personal moral code to just blast away at someone. But I also don't have nearly the duty to someone who has broken into my home while I am inside as the law assumes that they intend me harm (as do I) as I do to someone who has merely trespassed on my open property.

Agreed. But you'll still need to explain the use of deadly force. You don't have to retreat. But you'll still need to explain why you "reasonably" felt it necessary.

Your ability to do so (or your degree of failure) will define the results of the encounter.

 

[public servant]

Insurance is cheaper!

 

[RichardR]

You will still need to articulate why you felt deadly force was necessary.

As far as I am aware the statute does not require the homeowner to articulate anything.

 

[public servant]

As far as I am aware the statute does not require the homeowner to articulate anything.

Let me know how that works for you. We'll have a party when you get out of prison.

Do you honestly think you're going to shoot someone in your home and not have to explain why?????? You lose the game.

"Yep officer. I shot and killed the SOB. No...that's OK. Tomorrow is heavy trash day. I'll just set him out by the curb. You have a good night, too."

Please....

 

[shibumiseeker]

Do you honestly think you're going to shoot someone in your home and not have to explain why?????? You lose the game.

"Yep officer. I shot and killed the SOB. No...that's OK. Tomorrow is heavy trash day. I'll just set him out by the curb. You have a good night, too."

Please....

Obviously. But saying "he broke into my house and I was in fear for my life" will carry a lot more weight regardless of whether the intruder was armed or not, than when the trespasser is outside the house where the threat must be more credible, since part of the credibility test was passed simply by the intruder breaking in.

 

[1032JBT]

As far as I am aware the statute does not require the homeowner to articulate anything.

Just because legally you might be able too in a certain situation DOES NOT mean you won't have to explain why. If I use force when at work I have to not only do a report explaining why, but also a seperate Use of Force report to further explain it. I can't just use whatever force I want (even though I might be justified in doing so) and then let it go unexplained.

If you shoot someone in SD, it will be a Homicide.........maybe a justified homicide, but a homicide in the very least.

 

[public servant]

Obviously.

Apparently it's not obvious to some people.

"You were in fear for your life"...now you're getting somewhere. That however does not equate to "free reign" to do as you please.

 

[RichardR]

Let me know how that works for you. We'll have a party when you get out of prison.

I am glad that you are entertained.

However as I previously stated all a homeowner has to say is "I discharged my weapon to prevent &/or immediately terminate the intruder's trespass".

They do not have to articulate why they believed deadly force was reasonable force.

 

[public servant]

I am glad that you are entertained.

However as I previously stated all a homeowner has to say is "I discharged my weapon to prevent &/or immediately terminate the intruder's trespass".

They do not have to articulate why they believed deadly force was reasonable force.

Actually...I'm not entertained. I just can't believe that you actually think that's all you'll have to do to get a pass.

Call your local prosecutor and ask him if that will float with him. You just killed someone. He's not giving up that easily.

You're going to have to explain why you felt deadly force was necessary.

 

[Kase]

 

[sloughfoot]

Public Servant obviously knows of what he speaks.

Mere "trespass" is certainly not a good enough reason to end a person's life, anywhere. In Allen County, a person cannot even be charged with Criminal Trespass unless he is informed that he is not welcome on a certain property by a LEO and the property owner and it is documented in the report. then of course, he has to come back....

OP, I suggest you go to a good gun school and get the lessons if you don't believe what this person is telling you.

 

[RichardR]

Actually...I'm not entertained. I just can't believe that you actually think that's all you'll have to do to get a pass.

Call your local prosecutor and ask him if that will float with him. You just killed someone. He's not giving up that easily.

Indiana's castle doctrine is pretty clear & was intended to protect homeowners from this sort of wrongful prosecution.

 

[LawDog76]

Shoot someone in the back fleeing your home with no weapon on his person and you know damn well you can't prove that was reasonable in a court of law when you're charged with murder. You don't have free reign when someone breaks into your home. You're just a step below it. Shoot them in the chest, then it's easier to say they were coming at you and you felt threatened. Now if they are running towards a occupied bedroom and you shoot them in the back, you might be able to pull off that you were in fear of the other person's life.

Don't get me wrong, I'd love to be able to shoot an intruder in my home also with out having anything to worry about afterwards but we all know thats there's going to be some prosecutor out there ready to charge the home owner with murder cause he's personally against guns or some other messed up reason.

 

[DaKruiser]

I thank all of you for all the info in this thread. I've had a problem for a few years now with trespassers, I post signs, they tear them down! I find them on my property and politely ask them to leave, they cuss and yell. My wife even found a shotgun on the ground they left lying after blowing up my kids tree swing. That slipped by on accident, I called the police but they had already took the gun back. I wish I would have been able to turn that over to the police. I hope someday they get bored with harassing me and my family. It is nice to learn what I can and cannot do when or if it ever escalates.

 

[public servant]

Indiana's castle doctrine is pretty clear & was intended to protect homeowners from this sort of wrongful prosecution.

Agree to disagree. I wish you the best.

 

[ocsdor]

As far as I am aware Indiana has no "brandishing" laws on the books, however it is a crime to "point" a firearm at another person without legal justification (with an unloaded weapon it's a misdemeanor for a loaded firearm it's a felony).

and, to add, placing your hand on your holstered firearm (visible to those you are "talking" too) will be considered as Intimidation with a Deadly Weapon.

I speak from experience, but will not elaborate at this time.

 

[RichardR]

Agree to disagree. I wish you the best.

Agreed & I completely understood the point you were trying to make.

I think everyone knows that there is a difference between a homeowner who hears a noise, grabs their gun & kills an intruder crawling in through a window vs a homeowner who hears a noise, grabs their gun & kills their daughters 16 year old boyfriend crawling in through a window.

So yea I think everyone understood your point about Indiana's castle doctrine not being a blank check, however I was specifically addressing the issue from the homeowner using deadly force against a "for real" intruder.

 

[LawDog76]

P
In Allen County, a person cannot even be charged with Criminal Trespass unless he is informed that he is not welcome on a certain property by a LEO and the property owner and it is documented in the report. then of course, he has to come back....

That is the way either the officers or the courts chosen to handle it in Allen county but that is NOT how it's handled here in Indy. I have personally seen several citations handed out for trespass when it's the persons first run in on the property.

 

[shibumiseeker]

Apparently it's not obvious to some people.

"You were in fear for your life"...now you're getting somewhere. That however does not equate to "free reign" to do as you please.

You are right, and I should be more careful in my writing. I was engaging in a bit of hyperbole since I was being lazy in not quoting the IC figuring that inevitably someone else would be along shortly in doing so.

I'm going to edit my original post so I'm not misleading anyone who only reads a little of the thread.

 

[public servant]

and, to add, placing your hand on your holstered firearm (visible to those you are "talking" too) will be considered as Intimidation with a Deadly Weapon.

I speak from experience, but will not elaborate at this time.

You're going to leave us hanging???

You are right...

This was never the question. You'll have to forgive me. I never hear that at home.