Do you detain?

[warriorbob]

So I've been pondering this for awhile and I can never really seem to find an answer. What if someone breaks into your home and you reach for your trusty (insert preference here) and light. You stealthily stalk down your hallway to your living room where you come face to face with the perp. Bathed in the overwhelming beam of light from your (again insert preference) they surrender. You see they are unarmed and know one is injurred what can you legally due? Can you detain them until the police show up? Or is that considered holding against ones will? Or what if your out and they try to mug you with a knife and again you pull your gun and he surrenders but doesn't run away. What do you do now?

 

[SteveM4A1]

You can place them in detainment or civilian arrest until officers arrive. They are committing a felony and you are within your rights to forcefully detain them.

 

[Sylvain]

You can place them in detainment or civilian arrest until officers arrive. They are committing a felony and you are within your rights to forcefully detain them.

You could legally do it but of course it would be dangerous.
What if there are other robbers outside or in other rooms that you haven't seen?
You would probably want to call 911.If you're alone at home are you going to do that while holding the robber at gun point (while holding the phone in one hand, gun in the other) while trying to watch the door in case more are coming?

Do you have any training cuffing people and searching them?
What if you're holding the robber at gun point, he decides to run away, are you shooting him in the back?

I think there is more than just the legal question.
Letting the person go once they are not a threat anymore and then calling the cops could be the best thing to do.
It depends on many things of course.How many people in the house, their training, age, etc.
If you live with 3 roommates who are cops or Marines it's not like living on your own with a small child.

Just my

 

[GodFearinGunTotin]

So I've been pondering this for awhile and I can never really seem to find an answer. What if someone breaks into your home and you reach for your trusty (insert preference here) and light. You stealthily stalk down your hallway to your living room where you come face to face with the perp. Bathed in the overwhelming beam of light from your (again insert preference) they surrender. You see they are unarmed and know one is injurred what can you legally due? Can you detain them until the police show up? Or is that considered holding against ones will? Or what if your out and they try to mug you with a knife and again you pull your gun and he surrenders but doesn't run away. What do you do now?

Good question...

 

[deal me in]

So I've been pondering this for awhile and I can never really seem to find an answer. What if someone breaks into your home and you reach for your trusty (insert preference here) and light. You stealthily stalk down your hallway to your living room where you come face to face with the perp. Bathed in the overwhelming beam of light from your (again insert preference) they surrender. You see they are unarmed and know one is injurred what can you legally due? Can you detain them until the police show up? Or is that considered holding against ones will? Or what if your out and they try to mug you with a knife and again you pull your gun and he surrenders but doesn't run away. What do you do now?

Disclaimer: Not a laywer.

To the first example. If you can articulate a fear of being killed, serious bodily injury, or that you are acting to protect somene, you can shoot them. Realistically you can probably "get away with" shooting anyone who breaks into your house as it should be pretty easy to articulate your fear of death/serious bodily injury. Personally, if it's a scared 14 year old kid, and he trys to flee, I'm probably not shooting him. If it's a large adult male and he makes a quick movement, I probably am.

I'm not going to try and physically detain anyone, as I'm not trained, I have no back-up, and I'm not getting that close to the perp. I will attempt to detain someone who breaks into my home at gunpoint, if I haven't shot them already.

In the 2nd example, the mugger doesn't get the option to surrender. Try to mug me with a knife and you're getting shot.

Edit to add: If he can drop the knife, **** himself, and beg for mercy before I can draw, aquire target and squeeze, then I might not shoot.

 

[Goodcat]

If I am holding a gun, he is not and I clearly can see that, I'm not going to shoot. I would attempt to detain by ordering them to the ground, but would not attempt to force them or get near them. If they turn and leave or run, I'd just chase after yelling "get out" until they are out of the house and wait for the cops. If it was a no shoot, I sure wouldn't put my self in danger by trying to do anything more than hope they stay on the ground. If they make a break, they are free and cops can handle it. If they make a break toward me or reach for ANYTHING, totally different matter.

you can legally detain, but I wouldn't go as far as to shoot, charge them, attempt to tie them up etc. smart man will get on the ground and wait for the cops to arrest him. Smarter man would just turn around, walk out and hopes he doesn't get shot. Either way, if it's dark and I perceive you as a threat, who knows.

 

[SteveM4A1]

You could legally do it but of course it would be dangerous.
What if there are other robbers outside or in other rooms that you haven't seen?
You would probably want to call 911.If you're alone at home are you going to do that while holding the robber at gun point (while holding the phone in one hand, gun in the other) while trying to watch the door in case more are coming?

Do you have any training cuffing people and searching them?
What if you're holding the robber at gun point, he decides to run away, are you shooting him in the back?

I think there is more than just the legal question.
Letting the person go once they are not a threat anymore and then calling the cops could be the best thing to do.
It depends on many things of course.How many people in the house, their training, age, etc.
If you live with 3 roommates who are cops or Marines it's not like living on your own with a small child.

Just my

Personally, I would use verbal commands to detain and stay back. If I am home alone, I am not leaving my room to clear my house. I will just call the cops, point my gun at the door, and wait for my motion light to come on and pull the trigger. I am not going to shoot someone that is trying to flee though. They just better not come towards me.

 

[triggerhappy]

As Goober would say, Citizen's Arrest! Citizen's Arrest!

 

[sloughfoot]

Your goal, if someone is in your home and they are not invited, is to get them to leave. It is EXTREMELY dangerous to detain a human being.

That should be the primary thought in your brain and what you should be articulating to them, You should be saying leave, leave my house now. If you don't leave, you will force me to shoot you. Leave now, I don't want to shoot you.

Give them an out. Allow them to leave if at all possible.

 

[churchmouse]

Every situation is different. You have to remain vigilant and on top if you get the upper hand....keep it. If you let him go he will just move on to a softer target. A thief/mugger is exactly that...a thief/mugger.
If you relax when they submit you could be attacked again. No one wants to be arrested.

What do you do????

exactly what you have to so you get home to your family.

If you catch them in your house...well...the next move is up to you. Again, if you let them go someone else could be harmed.

If caught in my house I will definitely detain them.

 

[92ThoStro]

I originally thought only if your life is in danger, can you use deadly force, but last time I said that, someone said I was wrong, and posted the IC. The IC says you can use reasonable force, including deadly force to terminate someones trespass in your home or motor vehicle. Which was the center of the whole LEO controversy awhile back, because public servant was added specifically to the statute.

What can you do?

You can shoot, detain, or let them go.

I would personally hold them at gunpoint, then keep it at the low ready, and if they are dumb enough to stay for the police, then they stay. If they run, so be it. I would not go near them, for physical detainment, and I wouldn't shoot them.

 

[Frank_N_Stein]

Personally, I would use verbal commands to detain and stay back. If I am home alone, I am not leaving my room to clear my house. I will just call the cops, point my gun at the door, and wait for my motion light to come on and pull the trigger. I am not going to shoot someone that is trying to flee though. They just better not come towards me.

Who is setting off the motion light? Are you going to identify your target before you fire?

 

[churchmouse]

Who is setting off the motion light? Are you going to identify your target before you fire?

All of our HD firearms have TLR-1 streamlites. Not only to light up and identify but to confuse and blind.

 

[Trigger Time]

I will only shoot to stop a threat. If they remain perfectly still and I mean don't twitch a ****ing muscle TOWARDS ME then i won't shoot and I will wait for the police to arrive. If they flee the other direction to leave then i also will not fire.
The time a person can close the distance on you and kill you with an unseen weapon or even their hands is so fast you barely have time to fire. That's why I say they better not twitch towards me. I do not want to have to kill anyone if I can avoid it but I will error on the side of caution in my families favor IF I feel life is in danger. My wife would be armed and barricaded in our predetermined "safe" location and on the phone with the police. I would not put my gun down until police verbally (on scene) told me to. Of coarse no plan ever goes as planned in these kind of situations. I have never had to fire a shot out of anger outside of a job and hope I don't have to but I know I can and will if there is a threat to my life or others and I can help.

and I might add my wife is trained well and can outshoot most men I'm sure of it, and I didn't marry no weakling!

 

[Cool Breeze]

Your goal, if someone is in your home and they are not invited, is to get them to leave. It is EXTREMELY dangerous to detain a human being.

That should be the primary thought in your brain and what you should be articulating to them, You should be saying leave, leave my house now. If you don't leave, you will force me to shoot you. Leave now, I don't want to shoot you.

Give them an out. Allow them to leave if at all possible.

This makes the most sense to me- as I have a wife and child in the home- just get them out of there. It seems like the majority of the time, when I read "armed citizen" in the NRA magazine, and some old codger pulls his side by side and tells the robber to get out, the story includes that the suspects were apprehended nearby...

I'd be curious to know if a would be robber has been caught and told to leave and he does, is he really going to go down the street and try another house? or is he all shaken up from looking down the barrel of a gun and just going to try to get home? I'm not a theif, but I think I would choose the latter. Thoughts?

 

[Sylvain]

I'd be curious to know if a would be robber has been caught and told to leave and he does, is he really going to go down the street and try another house? or is he all shaken up from looking down the barrel of a gun and just going to try to get home? I'm not a theif, but I think I would choose the latter. Thoughts?

Probably depends on the theif.Some have been looking at barrels or even been shot at more than once and that wont stop them from robbing people again the next day.They might not even be scared at all while you point a gun at them.Not to mention they could be high on drugs on top of that.
Some might give up doing that for ever after the first time they get caught and have a gun pointed at them.

 

[churchmouse]

This makes the most sense to me- as I have a wife and child in the home- just get them out of there. It seems like the majority of the time, when I read "armed citizen" in the NRA magazine, and some old codger pulls his side by side and tells the robber to get out, the story includes that the suspects were apprehended nearby...

I'd be curious to know if a would be robber has been caught and told to leave and he does, is he really going to go down the street and try another house? or is he all shaken up from looking down the barrel of a gun and just going to try to get home? I'm not a theif, but I think I would choose the latter. Thoughts?

Not seen many city dwelling drugged up thieves have you. No knock but most of the time they are desperate for the next high and will not stop in the pursuit of that high just because you let them go.
Normal people do not enter private homes in the night in search of ill gotten gains. They do not think like you and I.
Put an adrenaline rush on top of a meth or crack high and you are only in the way. If desperate enough to jack up your place what is stopping them down the road.
Not every thief of course but how will you know the difference.

 

[Cool Breeze]

I hear ya, and I would just say that if the thief is the adrenalized meth head, the best place for him is not in my home. And no, while I may seem sheltered, I do not have a ton of experience with drugged up thieves.

 

[Frank_N_Stein]

All of our HD firearms have TLR-1 streamlites. Not only to light up and identify but to confuse and blind.

My question is for Steve because he made it sound like he would fire through the door without positively identifying who was on the other side.

 

[Trigger Time]

Drunk people wonder into homes that aren't theirs sometimes. Also mentally ill people, diabetic or alheimers patients. An intruder is always a threat but the threat level isn't always life threatening and by my standards not all deserve to be shot. I'm all for eliminating scum bags (legally) but I don't want to kill an ill person who doesn't deserve it. Now if they are violent and some are then a decision has to be made. Not to get into too many details but shooting someone doesn't always have to be the only option. Also If I can assure me and my family are safe by retreating to our safe area and let the police come and handle things then I will. So now the internet tough guys who shoot first and ask questions later will come and attack me for saying that but who cares. They're usually the ones that would **** themselves.