Victim Pulls Guns on Attackers

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  • hoosierdoc

    Freed prisoner
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    Apr 27, 2011
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    Galt's Gulch
    post that story at all bus terminals, payday lenders, and other such places

    Can you use "lethal" force to detain? Thought prevailing wisdom said no. If they want to flee doesn't that remove your imminent threat?
     

    GBuck

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    Jul 18, 2011
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    Franklin
    post that story at all bus terminals, payday lenders, and other such places

    Can you use "lethal" force to detain? Thought prevailing wisdom said no. If they want to flee doesn't that remove your imminent threat?

    A lot of people will not flee when at gunpoint. This is a common method people use because it does leave them prepared if SHTF.
     

    hoosierdoc

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    *They* approached *him*. I'm sure he wasn't a mind-reader and could not divine nor presume their intent...OTHER than, "there's three of them, ONE of me, and I am in fear of my life."

    I agree, but one fled. Once the situation turned to those guys bugging out, are you (in Indiana) allowed to continue to detain them with threat of lethal force? I would personally do it, but want to know if I'd be hosing myself legally
     

    JetGirl

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    I agree, but one fled.

    And he wasn't covering that person.

    Once the situation turned to those guys bugging out, are you (in Indiana) allowed to continue to detain them with threat of lethal force? I would personally do it, but want to know if I'd be hosing myself legally
    There are men outnumbering me and threatening me. I am in fear of my life.
     

    hoosierdoc

    Freed prisoner
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    There are men outnumbering me and threatening me. I am in fear of my life.

    Initially yes, afraid for life. So if two fled can you not detain one with your outnumbered argument? Can you tell a judge that men running away put you in fear for your life? I'm not trying to argue, but I can claim I was in fear of my life for a lot of reasons that may or may not hold up.

    Situations are dynamic. I'm not disputing initial draw to end life threat, but the situation changed and response stayed the same. Wondering what the lawyers and LEO think in Indiana
     

    Coaster

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    Feb 24, 2011
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    Brownsburg
    What do you do when one or both of the two men you are detaining decides to walk or run away. Immediate threat is gone. I would think that if you fired to prevent escape you would be on very shaky ground with the law. Just my thoughts....
     

    JetGirl

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    So if two fled can you not detain one with your outnumbered argument?
    In probably close to 90%+ of a one-on-one situation, I'm not going to be able to out-fight you, out-run you, out-maneuver you... and that is disparity of force. You approached me with nefarious intent, and so what if your cohorts fled, I am in fear of my life.
    What do you do when one or both of the two men you are detaining decides to walk or run away.
    Call "911", shift it into "B" for "boogie" and get the hell out of there!
     

    JetGirl

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    That being said... Situational awareness and two seconds worth of forethought would caution me not to walk alone at night.
    So I likely wouldn't be there in the first place. ;)
     

    jgreiner

    Grandmaster
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    Jul 13, 2011
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    Lafayette, IN
    Initially yes, afraid for life. So if two fled can you not detain one with your outnumbered argument? Can you tell a judge that men running away put you in fear for your life? I'm not trying to argue, but I can claim I was in fear of my life for a lot of reasons that may or may not hold up.

    Situations are dynamic. I'm not disputing initial draw to end life threat, but the situation changed and response stayed the same. Wondering what the lawyers and LEO think in Indiana

    We have the right of citizen's arrest in this country....
     

    jgreiner

    Grandmaster
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    Jul 13, 2011
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    Lafayette, IN
    What do you do when one or both of the two men you are detaining decides to walk or run away. Immediate threat is gone. I would think that if you fired to prevent escape you would be on very shaky ground with the law. Just my thoughts....

    I would not fire at perps that ran away. If they, however, make any movement towards me...that is a different story....
     

    hoosierdoc

    Freed prisoner
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    Apr 27, 2011
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    We have the right of citizen's arrest in this country....

    Indeed we do, however, Guy posted IC that stated you cannot use lethal force to do a citizens arrest or detain unless a felony was committed. The article said "men approached, presumably to rob", no idea what that means. Just because you claim to be in fear for your life does not mean that a crime or even a felony was comitted.

    This story is lacking in details to know if the men displayed weapons or what was said. If I demand money from you in an aggressive manner, is that a felony?
     
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