FL Sheriff wants you to shoot a B&E burglar

Fbird

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Feb 12, 2011
6,306
atlanta, ga
Oh yes. Best way to explain use of force is that you have the right to use as little force as is necessary to effect arrest/stop behaviour/deter offender.

Shooting someone who breaks into your house works in the movies, but that's it. You need to articulate a credible, imminent threat to your life or someone else's before using deadly force.
That's EASY...kinda be like this..."Well officer...the dead guy over there did..THIS,..then this...and THAT....that sir is why he got himself shot"
 

biker

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Dec 7, 2014
4,850
Canada
That's EASY...kinda be like this..."Well officer...the dead guy over there did..THIS,..then this...and THAT....that sir is why he got himself shot"
Oh yes. That's all i'm saying. But it really is harder than you think to articulate a threat to your life when faced with experienced law enforcement interviewers, the possibility of some sort of electronic recording (they are everywhere, even your own devices record stuff), witnesses, previous victims etc etc.
 

danbrennan

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Mar 13, 1999
4,741
Brighton, MI
What they taught us in CPL class was, in Michigan, you can shoot to stop a threat if you think you can convince a jury of 12 reasonable people that you legitimately feared for severe bodily harm. Once the person goes down, drops their gun, turns to run, whatever - once the threat for whatever reason stops, one is obligated to stop shooting. I explicitly asked, well, if a guy is comes at me, and he is unarmed but I happen to know he's a NFL linebacker(or something like that)(as in I don't stand a chance in hand to hand combat) can I shoot him, and they said ultimately it will come down to, can you convince the police\prosecutor that you legitimately feared for severe bodily harm. Also, it helps to have called 911, tell the operator have an intruder in the house, and then keep the phone line open so the operator can hear you shout to the intruder that you are armed, and the police have been called. 911 calls are recorded, and they claimed a recording demonstrating you gave warning will help a lot towards justifying a shooting.

But even if you do everything right, you may still get a gun control prosecutor who will charge you anyway. Then it comes down to what you can convince a jury.

Anyway, that's what I recall from my CPL class.
 

Knuckle Dragger

Mayor of Simpleton
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Nov 2, 2002
16,796
Waddell AZ
Oh yes. That's all i'm saying. But it really is harder than you think to articulate a threat to your life when faced with experienced law enforcement interviewers, the possibility of some sort of electronic recording (they are everywhere, even your own devices record stuff), witnesses, previous victims etc etc.
That's why you don't say poo until you have a lawyer present. Never ever give your account of what happened with out a lawyer there....ever. People talk too much especially after dramatic event such as a shooting.
 

biker

Veteran Member
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Dec 7, 2014
4,850
Canada
That's why you don't say poo until you have a lawyer present. Never ever give your account of what happened with out a lawyer there....ever. People talk too much especially after dramatic event such as a shooting.
Man, that is the most accurate statement in this thread.
 




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