Engaging Fugutives

[Butch627]

So this guy was caught on cameras as he traveled over 10 miles before being caught. Lots of woods, corn and bean fields, subdivisions, and country homes on his journey. The police warned from the beginning that he should be considered armed and dangerous. If he had traveled a different path from the beginning he could have easily passed by my house. Across the street is Corn this year but next year it will be beans. When someone like this is on the loose are our rules of engagement different under Indiana law as opposed to a more run of the mill interloper? If he was in my yard and not attacking me would I just have to wave and maybe flip him off?

 

[Magyars]

Great questions!

 

[Denny347]

Indiana code 35-41-3-2 is where Indiana self defense is codified. Specifically:

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:

(1) is justified in using deadly force; and

(2) does not have a duty to retreat;

if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony

To answer your question, "When someone like this is on the loose are our rules of engagement different under Indiana law as opposed to a more run of the mill interloper? If he was in my yard and not attacking me would I just have to wave and maybe flip him off?"

The answer: There is no specific change in law for your scenario. If you can articulate the above code, you should be ok. But in the end..."It depends."

 

[firecadet613]

 

[tomcat13]

Gee, he Looks like a Nice enough fella!

 

[INP8riot]

I would imagine, in a scenario where you would engage and the outcome is only 1 of you are left standing, the police would not be too upset. Regardless of the details. BUT, if a human rights group or a prosecutor trying to prove something digs in, the police WILL have to conduct an investigation. The chips may not fall on your side and you go away for a long time. That POS claims one last victim in his worthless life and it would be you. I'm not saying to retreat and run away, but it would probably be best to avoid and use extremely good judgement.

 

[ECS686]

The issue is these scenerio based questions are taking that you or the person knows all the facts and in real time we probably don’t have that info.

While we all want to do the right thing and help. As a private citizen those who get hemmed up do so by putting themselves in someone else’s emergency.

In this case you will probably be ok but unless they are an immediate threat to you or your family why bother. If he’s simply cutting through your yard or property who cares if he try’s breaking in your house game on!

 

[Gingerbeardman]

So if you're aware of the search and you see a person matching the description and behavior you may be ok, but if it's not them.... You're in a lifetime of hurt.

 

[Joniki]

Does that thing have mange?

 

[Scott58]

Does that thing have mange?

Yeah I'd keep my dogs away from him.

 

[Expat]

I think I would feel better shooting him here in Elkhart County than Lake.

 

[Bugzilla]

Do what the honorable President Biden would do, shoot him in the knee then 2 shotgun blasts in the air so the local PD can come and retrieve it.

 

[gassprint1]

As it is a felon on the run, your all good to do what it take to citizen arrest the perp. Citizen arrest only applies to felonies and not misdemeanor crimes.

 

[DoggyDaddy]

As it is a felon on the run, your all good to do what it take to citizen arrest the perp. Citizen arrest only applies to felonies and not misdemeanor crimes.

 

[ECS686]

As it is a felon on the run, your all good to do what it take to citizen arrest the perp. Citizen arrest only applies to felonies and not misdemeanor crimes.

Not quite. There is a difference between a forcible felony and a felony. Example someone fleeing in a vehicle or running away with say a TV falls under TN vs Gardner and Police or you can’t shoot. There has to be circumstances met like he was shooting people from the car etc.

Also just because the Po Po chase a dude across your yard how do you know the status on the fly?

But people are free to do what they think their career and Bank account can handle!

 

[DragonGunner]

Going to depend on local authorities and what they want to do. I posted years ago about guy stole truck and 2 handguns. Police chase and fled on foot, shots fired during the night. Sadly police never told anyone in the area. Ended up at my sons place as he drove his truck in drive the guy was in his moms truck and my son literally saw 2 pistols hanging out his hoodie front pocket. Drawed his Glock on him and held him at gunpoint while call was made. Cops came flying in hanging off 2 SUVs past my son and took the guy down all while my son held his position. Deputies said they were glad my son had his handgun, he carries 24-7 everywhere. They wrote it up as a citizens arrest. Guy had a long record. This was County Sheriff. Who knows what happens in a more city environment where city cops and prosecuters are more liberal anti-gun. As is, son wasn’t fooling around. He really had to talk the guy into not going for his guns, guy didn’t want to go back to jail. Son would have lit him up.

 

[gassprint1]

Not quite. There is a difference between a forcible felony and a felony. Example someone fleeing in a vehicle or running away with say a TV falls under TN vs Gardner and Police or you can’t shoot. There has to be circumstances met like he was shooting people from the car etc.

Also just because the Po Po chase a dude across your yard how do you know the status on the fly?

But people are free to do what they think their career and Bank account can handle!

This discussion is about what the Butch posted and what i said is exactly an act of citizen arrest. If you want to throw in a buch of other "circumstances" about citizens arrest, well then start another thread. Butch stated facts and thats whwt i replied to.

 

[ECS686]

This discussion is about what the Butch posted and what i said is exactly an act of citizen arrest. If you want to throw in a buch of other "circumstances" about citizens arrest, well then start another thread. Butch stated facts and thats whwt i replied to.

Respectfully, Your comment was a blanket statement. You stated folks can do “what it takes for a citizens arrest” That was wide open and not a factual representation. Yes there is specific situations where a citizens arrest can be applied however, What you suggested was it a Resonable physical force, deadly force. Whatever is indicating everything is legal when it’s not! That type of cage definition is what gets folks hemmed up with the authorities.

 

[Denny347]

As it is a felon on the run, your all good to do what it take to citizen arrest the perp. Citizen arrest only applies to felonies and not misdemeanor crimes.

Your use of force is still governed by IC 35-42-3-2

A citizen's arrest is NOT only felonies.
IC 35-33-1-4
(a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.

But, if you get it wrong, you will go to jail for a serious felony yourself.

 

[jedi]

OP in lake county the cops and prosecutors are not your friend. DO NOT GET INVOLVED. DO NOT HELP THEM.

Unless that guy was immediately threatening you or your family don't act.
The .gov loves the criminals more than the citizens around here.