Home Invasion Scenario

[LProf]

You are in your home one night reading and relaxing when two guys break into your house walk over to your TV or stereo and start walking out with it.

Besides calling 911, what degree of physical or deadly force can you use to stop them, without subjecting yourself to criminal prosecution or a successful civil suit under Oregon law?

Read More

 

[Teufel_Hunden]

Since I am in fear of my life I'd call for a body pickup as soon as I composed myself.

 

[dwaineshort]

If I'm up stairs I'll have my tavor sar b16 with light and aimpoint. Call out if you step one foot on my stairs I will use deadly force. I'm not going to shot someone over a TV. But if they come near my kids and wife different story. If I'm down stair watching TV I would just grab my carbon steel katana that's next to my TV.

 

[donkey206]

Grab the Ar and go to town, my warranty isn't up yet on my LED 50". Just kidding I agree with DWAINESHORT if my family is in danger than I do want any head of house hold would do...use my rights and protect. No TV is worth a human life, we don't live in Compton.

 

[Kevinkris]

Grab the Ar and go to town, my warranty isn't up yet on my LED 50". Just kidding I agree with DWAINESHORT if my family is in danger than I do want any head of house hold would do...use my front sight. No TV is worth a human life, we don't live in Compton.

fixed it for you

 

[Screwy]

Noveske if in fear of my life. M&P 15-22 if in fear of missing NCIS.

 

[biggie24420]

I'd pepper spray the heck out of them.

 

[Dunerunner]

Since I have no upstairs and live in front of my TV, I would simply stand, unsnap the retaining strap, draw, hold the weapon at the ready and demand they leave. I am usually wearing my 1911 in a shoulder holster rig when I am at home. My guess is they would leave, one way or another.

 

[oknow]

Since I have no upstairs and live in front of my TV, I would simply stand, unsnap the retaining strap, draw, hold the weapon at the ready and demand they leave. I am usually wearing my 1911 in a shoulder holster urig when I am at home. My guess is they would leave, one way or another.

 

[parallax]

I would run to the nearest corner and curl up in a ball and rock back and forth while sobbing,,, whispering, " please dont hurt me, please dont hurt me, please dont hurt me."

 

[Certaindeaf]

You are in your home one night reading and relaxing when two guys break into your house walk over to your TV or stereo and start walking out with it.

Besides calling 911, what degree of physical or deadly force can you use to stop them, without subjecting yourself to criminal prosecution or a successful civil suit under Oregon law?

Are the bodies starting to stink?

 

[Mephistopheles]

I'd help them load it. I've been looking for an excuse to get rid of that junk TV and get a decent one

 

[parallax]

answering this question sets a person up ...hypothetically, lets flash forward 5 years, and god forbid this senario actually plays out for someone answering this question on this forum.. a county D.A. prosecutor with and eye on the mayors job,looking to make a name for himself,,,, is able to pul up this forums history and finds the defendant had written something to the effect of, " ya, i would shootem on sight,, etc,etc,etc,). brings this forum transcripts up at trial. and convinces a jury, that you had planned on shooting anyone who was stealing your t.v., etc..etc.. just my

 

[LProf]

Well, so far no one has actually answered my question. I'm not asking what you would do, but rather what can you legally do, in terms of physical or deadly force, to prevent them from leaving with your possessions without subjecting yourself to criminal prosecution or a successful civil suit.

This is a serious and, I believe an important question, that deserves serious responses.

Thanks.

 

[LProf]

answering this question sets a person up ...hypothetically, lets flash forward 5 years, and god forbid this senario actually plays out for someone answering this question on this forum.. a county D.A. prosecutor with and eye on the mayors job,looking to make a name for himself,,,, is able to pul up this forums history and finds the defendant had written something to the effect of, " ya, i would shootem on sight,, etc,etc,etc,). brings this forum transcripts up at trial. and convinces a jury, that you had planned on shooting anyone who was stealing your t.v., etc..etc.. just my

Very good point, although, again, I am not asking what you would actually do, but simply what, under Oregon law, could be done.

 

[Certaindeaf]

My Honey Bucket doesn't have electricity.

 

[osterr1999]

161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

(2) Committing or attempting to commit a burglary in a dwelling; or

(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]

161.229 Use of physical force in defense of property. A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 §26]

 

[G1GRANDEUR]

lock your doors man.

 

[BigStick]

So, from my interpretation (take that for what you will), the requirement to use deadly force is that you are in fear of great bodily harm. You want to be sure that you could articulate to a jury why that is, and that it meets the reasonable man standard. But in general, you can assume that if they are breaking into your house, and know that you are there, then they have evil intent. This gives you legitimate reason to be in fear.

Keep in mind, you can not know how many criminals there are working together, and can only assume that if they are willing to break in your door, they are probably willing to break in your face too.

You might get charged you if you shoot the guy in the back while he is running away with your TV. But you do have a right to confront him in your home, and if he makes any agressive move towards you, you would be completely justified in shooting.

But if you come upon a person in your house, stealing your stuff in the dark, I'm not sure you are required to warn him before you asses the situation, infer his intent and deal with the situation. I could be wrong, and I don't know that I would want to take a man's life for a tv, but to me, it is no longer about the tv, its about what he is willing to do to get the tv. Most people would drop the tv when confronted by an armed homeowner, either to run faster or fight better.

If I come in and he has my tv in his arms, he can take the tv, but the second he walks back in that door, I have no idea what he is looking for next, and you can be sure I won't let the next thing he finds be my family.

 

[CoastRange57]

Well, so far no one has actually answered my question. I'm not asking what you would do, but rather what can you legally do, in terms of physical or deadly force, to prevent them from leaving with your possessions without subjecting yourself to criminal prosecution or a successful civil suit.

This is a serious and, I believe an important question, that deserves serious responses.

Thanks.

I think the posting with the ORS statutes pretty much covers it. Your question or statement is both tactically and fundamentally flawed, in that it sets a highly unlikely scenario and really asks for people to give opinions rather than a legal option which none of us, well at least myself anyway is qualified to to give.