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Twin Cities Carry Forum Archive • View topic - Catching someone breaking into your car at home?
 
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 Catching someone breaking into your car at home? 
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 Post subject: Catching someone breaking into your car at home?
PostPosted: Sat Apr 04, 2009 10:58 am 
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I am not sure if this is in the right section so feel free to move it if not!

I was going to bed the other night and going over a scenario that had already happened to me at my home once before. When it happened I was actually in the living room at home about midnight watching tv when I heard my girlfriends car alarm going off. Right now both of our cars are parked outside because I have a project car in the garage.
I thought it was kind of strange that her alarm was going off so I grabbed her keys and ran outside to find nothing while I shut off the alarm. The next morning I went outside to go to work and when I got into my truck I had noticed that someone had broken in and destroyed everything in there. All compartments were opened and papers were all over the place. I finally realized that when I heard my girlfriends alarm going off that someone had actually bumped her car to set the alarm off. They must have been looking for money or something of value cause there was nothing missing. I don't keep anthing in there of any value for that reason except my CD player which I really don't care about anyways. I could not believe that this happend, I live in a newly constructed town home development and everyone around me is quite older than we are. We do live about 3 to 4 blocks away from a government center and jail house, I thought that maybe someone got let out and was looking for some quick cash!
Anyways to shorten this up, I was going over the same scenario in my head after I heard some noises outside my garage last night. My question is, If I looked out my window and seen someone going through my truck again what are the laws on drawing my gun on the thiefs and holding them at gun point until the LEO showed up! What are my options in a situation like this! I would not want to have to do this but if it did happen again I want to know what options I have! Thanks!

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PostPosted: Sat Apr 04, 2009 11:11 am 
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Stay in the house where you are safe and call 911.

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 Post subject: Re: Catching someone breaking into your car at home?
PostPosted: Sat Apr 04, 2009 11:20 am 
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Doc wrote:
I am not sure if this is in the right section so feel free to move it if not!

I was going to bed the other night and going over a scenario that had already happened to me at my home once before. When it happened I was actually in the living room at home about midnight watching tv when I heard my girlfriends car alarm going off. Right now both of our cars are parked outside because I have a project car in the garage.
I thought it was kind of strange that her alarm was going off so I grabbed her keys and ran outside to find nothing while I shut off the alarm. The next morning I went outside to go to work and when I got into my truck I had noticed that someone had broken in and destroyed everything in there. All compartments were opened and papers were all over the place. I finally realized that when I heard my girlfriends alarm going off that someone had actually bumped her car to set the alarm off. They must have been looking for money or something of value cause there was nothing missing. I don't keep anthing in there of any value for that reason except my CD player which I really don't care about anyways. I could not believe that this happend, I live in a newly constructed town home development and everyone around me is quite older than we are. We do live about 3 to 4 blocks away from a government center and jail house, I thought that maybe someone got let out and was looking for some quick cash!
Anyways to shorten this up, I was going over the same scenario in my head after I heard some noises outside my garage last night. My question is, If I looked out my window and seen someone going through my truck again what are the laws on drawing my gun on the thiefs and holding them at gun point until the LEO showed up! What are my options in a situation like this! I would not want to have to do this but if it did happen again I want to know what options I have! Thanks!


To be blunt, the law is that you'll get to share a cell with the thief.

MN law does not allow for protection of property, and the clause about preventing the commission of a felony in your place of abode doesn't extend to your driveway.

Stay in, call 911, be a good witness.


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PostPosted: Sat Apr 04, 2009 11:31 am 
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rtk wrote:
Stay in the house where you are safe and call 911.

And wait aprox. 45 mins. for the police while he walks away with your stuff knowing no one will catch him.

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PostPosted: Sat Apr 04, 2009 11:35 am 
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PocketProtector642 wrote:
rtk wrote:
Stay in the house where you are safe and call 911.

And wait aprox. 45 mins. for the police while he walks away with your stuff knowing no one will catch him.


Unfortunately, you're probably right.


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PostPosted: Sat Apr 04, 2009 11:45 am 
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Spears are quiet.







But, um . . .

yeah . . . .

Call 911, break out the camcorder . . . go film the guy, follow him updating the police (via cell) and get the plate on camera if he runs to a getaway car. You aren't assaulting him and if he attacks you can certainly retreat or if retreat isn't possible and his attack is sufficient. . . plug the guy.

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PostPosted: Sat Apr 04, 2009 11:47 am 
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Thats kind of what I figured! The LEO's take far too long, and as you all said the theifs will be long gone before they get there! It's sad but true! I've had to call before and they took almost 20 min!!

Thanks for the input! I just had to ask and get options! :bang:

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PostPosted: Sat Apr 04, 2009 11:51 am 
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PocketProtector642 wrote:
rtk wrote:
Stay in the house where you are safe and call 911.

And wait aprox. 45 mins. for the police while he walks away with your stuff knowing no one will catch him.


I agree but there is nothing in the car or the garage for that matter that is worth what the financial and emotional implications would be if it didn't really work out as one had planned.

RTK


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PostPosted: Sat Apr 04, 2009 11:51 am 
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Macx wrote:
Spears are quiet.







But, um . . .

yeah . . . .

Call 911, break out the camcorder . . . go film the guy, follow him updating the police (via cell) and get the plate on camera if he runs to a getaway car. You aren't assaulting him and if he attacks you can certainly retreat or if retreat isn't possible and his attack is sufficient. . . plug the guy.


I actually thought about even using my laser pointer through the window and putting it on his chest to get a rise out of the theif! I wonder if he would think twice about even continuing or coming back!

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PostPosted: Sat Apr 04, 2009 11:51 am 
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 Post subject: Re: Catching someone breaking into your car at home?
PostPosted: Sat Apr 04, 2009 11:58 am 
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mrokern wrote:
MN law does not allow for protection of property, and the clause about preventing the commission of a felony in your place of abode doesn't extend to your driveway.


It's actually a little more nuanced than that. Minnesota law doesn't permit the use of deadly force in protection of property, but it certainly allows "reasonable force" to prevent a property crime. See MN Stat. 609.06 and 609.065.

Pointing, but not shooting, a gun may be reasonable force under some circumstances. It's up to a jury, should you be charged with a crime like assault or making terroristic threats against the poor dear, who was almost certainly just starting to turn his life around.

This doesn't mean that I think you should go outside and point a gun. What if the thief has one, too? Do you really want to get into a shootout over a CD player, or any other property?

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 Post subject: Re: Catching someone breaking into your car at home?
PostPosted: Sat Apr 04, 2009 12:17 pm 
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Andrew Rothman wrote:
mrokern wrote:
MN law does not allow for protection of property, and the clause about preventing the commission of a felony in your place of abode doesn't extend to your driveway.


It's actually a little more nuanced than that. Minnesota law doesn't permit the use of deadly force in protection of property, but it certainly allows "reasonable force" to prevent a property crime. See MN Stat. 609.06 and 609.065.

Pointing, but not shooting, a gun may be reasonable force under some circumstances. It's up to a jury, should you be charged with a crime like assault or making terroristic threats against the poor dear, who was almost certainly just starting to turn his life around.

This doesn't mean that I think you should go outside and point a gun. What if the thief has one, too? Do you really want to get into a shootout over a CD player, or any other property?


True; so the scenario plays out (which is what I think you were pointing out):

Homeowner goes outside and points the gun. Reasonable force? Possibly.

Thief then points a gun back at the homeowner. Homeowner fires.

Man, I don't want to be facing a jury after that...

Personally, what governs my thought is:

Don't carry a weapon unless you are willing to present it. Don't present a weapon unless you are willing to use it. Don't use a weapon unless you are willing to kill with it.

That slope from present to use is just far too steep, and you are right...a CD player isn't worth it.


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PostPosted: Sat Apr 04, 2009 12:21 pm 
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My question is, If I looked out my window and seen someone going through my truck again what are the laws on drawing my gun on the thiefs and holding them at gun point until the LEO showed up! What are my options in a situation like this! I would not want to have to do this but if it did happen again I want to know what options I have! Thanks!


I would almost never try to hold someone pending the arrival of law enforcement. The goal for me is to get them to stop and to get them to leave the property.

There are trade-offs and everyone's situation is different. Depending on the attitudes of law enforcement, your relationship with them, response times, whether the car is insured, whether its loss would matter to you financially if not, how confident you are of your self control, and so on, you would have to decide how to handle the situation.

My area is rural and in my situation, if there is an apparent theft in progress, I'm going to go out and ask people to leave while another family member calls 911. I will be armed while doing so and if the situation appears unsafe then probably not with just a carry gun and probably not alone. I am not going to try to hold or arrest people, I'm not going to threaten them, and I'm not going to draw unless there is an imminent threat of GBH. If they are up to no good then I am going to tell them to leave and that the Sheriff's deputy is on the way.

We do get people who are genuinely lost or have car trouble, too, and I try to help them out within reason.


Last edited by MostlyHarmless on Sat Apr 04, 2009 12:35 pm, edited 1 time in total.

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PostPosted: Sat Apr 04, 2009 12:21 pm 
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Let the cops handle it.


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PostPosted: Sat Apr 04, 2009 12:27 pm 
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The first that came to mind was:
1.) Do you have a permit to carry? If not, I understand the reason for the question and it has been answered.

2.) If you do have a permit, I would question if all the issues regarding your permit to carry have been addressed correctly.

My point? this is an issue that is addressed in a permit to carry class, Which I highly recommend to ANY gun enthusiast.

Be safe


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