Cop/legal question

Thats what my instinct told me in the dream...get a gun and shoot back! But technically if they weren't on your property I don't know if thats as cut and dry (so to speak) like if they were on your property.

I don't know why I had this dream, but I couldn't go back to sleep and was wondering. No one is threatening my life...that I know of.

I'm assuming that your dream was supposed to be taking place in TX? If that's the case you could pretty much shoot them if you don't like they way they looked at you.

While I can't remember the legal term, you have to make a reasonable effort to escape the situation. For instance if, while walking down the street, someone says "I'm gonna kick your " and you pull out your Saturday Night Special and kneecap him, the prosecutor might say that you could have made some effort to leave the situation.

If said person is not on your property it would be a difficult case to make that they posed an imminent, unavoidable threat. Unless of course that person was firing into your home from off the property and you had nowhere to hide, or firing at someone else.  Did you not have a phone in your dream?  Next time dream yourself up a panic room.

My philosophy on the subject is: "Better to be judged by 12 than carried by 6."

bts

Heh. That made me laugh.

Alternatively, just because someone is on your property, that doesn't mean you can shoot them for any old reason.

Except in Texas, where I think it's illegal not to.

I've taken out three workers from the construction next door already this morning.  I'm waiting for another one to cross that line.

I usually just drag the dead corpse into the living room just to be safe. 

~Mike

Redundant.

Redundant is when I empty the second magazine.

I read somewhere, I think in Georgia when I lived there, that if they are inside your house, then you can shoot them.  But if they are outside, no go.  There was a case where a guy shot a burgler coming in a window and he fell outside.  They were looking at charging the home owner.

So in short, shoot, use your speed to grab him/her before they fall outside and make sure they land inside.  THEN use the second magazine.  :P

Go KY!!!! See Jim the bumkins dont need a security alarm, because those dont go off unless the person you want to shoot comes IN your house. We can shoot people down the street if we need to...

Now that's funny. 

I thought you lived in TN?

Go KY!!!! See Jim the bumkins dont need a security alarm, because those dont go off unless the person you want to shoot comes IN your house. We can shoot people down the street if we need to...

<--- Cop, 13 years.

As state above, you are permitted to use reasonable force to protect a life and to some extent property. Therefore, if someone is shooting at you from across the street it would probably be permissible to use deadly force to protect your life or the life of another. I can't say it would absolutely be permissible because every situation is different and... it depends.

A threat must be imminent, meaning that the threat must be presented and the method of delivery must be perceived as dire from the perspective of the possible victim. So, if you are in your house and someone is across the street and he has a hatchet and is yelling that he is going to kill you... you can't shoot him. If you go outside to tell the guy to "Beat it! I already called the cops! Get out of here!" and he runs toward you with the hatchet at his side... you might be able to shoot him as he's running toward you depending on the distance and dialogue. Now, if he stops on the street and there is a parked car between you and hatchet-man and he is yelling vulgarities but is no longer threatening and has not raised the hatchet in a threatening manner... you probably CANNOT shoot him.

It makes no difference if a person is inside your house or not. On that note, just because a person is inside your house does NOT mean that you can shoot them. If that person is inside your house AND you are able articulate a deadly threat that person is presenting to another... you could probably shoot them.

I could go on and on. There is no limit to the "what ifs" you can present regarding shoot/don't-shoot scenarios.

Ever seen the movie Training Day? "Its not what you know. Its what you can prove."

In my dream I remember specifically laying on the floor, looking out to someone on the roof across the street and not being able to defend myself and got a gun. I did not want to shoot, but they were shooting at me!

I know just because someone is in my house I cannot kill them--duh! However, I do know that in Texas if you are being threatened, say someone is attacking you or trying you, you may kill them. Not too long ago a woman came home to find a hitman (unknown to her) in her home. She sat on him and then strangled him. No charges.

I would hate to be in any situation and I am disturbed as to why I even had this dream!

LOL  That had to be the world's worst hit man.   Hope they didn't pay him upfront.