20 years ACE and not one invasion!!!
I shot at a white guy trying to break into my car but other than that no issues. Probably my pitbulls deter anyone as a first line of defense.
You're lucky you didn't kill the guy. In every jurisdiction, the use of deadly force is only allowed when - at the time such force is used – a person reasonable believes that it is necessary to avoid death or serious bodily injury to himself or an innocent third party. If you had killed the man your only hope would have been for jury nullification. Had you been prosecuted for killing the man and had the jury followed the judge's instructions you would be doing some serious prison time. Additionally, the family members of the deceased would have sued you civilly and you would have no defense.
A personal note to everyone on USMB: Never shoot at a person unless you have a reasonable fear of death or serious bodily injury. If you do, be ready to face the consequences. Shooting someone who is trying to break into you car will get you a stiff prison sentence unless you are in the car at the time.
I have a JD (Juris Doctorate) and know what I am talking about. However, if you have any doubt about what I say at least check it out. You should intuitively know that taking a man's life is as serious as it gets and if you do not have a legitimate, lawful, reason you are in deep trouble. You should at least question whether it is right to take a man's life just to protect personal property. You need to know when deadly force is allowed and when it is not. When you kill a man your personal sense of justice is immaterial. The only thing that matter is the law.
You should sue your law school for malpractice. You apparently don't know the laws.
I have a JD (Juris Doctorate) and I know the law well. My law school (University of Florida) has had many distinguished graduates and I passed the Bar on my first attempt so they must be doing something right. You do not know the law and you believe that it is lawful to shoot a man who is trying to break into your unoccupied vehicle. You are wrong, dangerously wrong. I will not ask you to cite a source to support your claim because I know there are no legitimate sources that agree with you I have written over a dozen legal articles on USMB and generally have cited sources. I didn't do it this time because it is easy for anyone to verify what I said. You could check with anyone in law enforcement and they will tell you the same thing.
Conclusion: There is no legitimate basis for your criticism. I strongly suggest that you know exactly what the laws says before you try to kill a man. I know the law and if you kill a man to keep him from breaking into your unoccupied vehicle you will do serious prison time. The laws of some states allow a person to use reasonably force to protect personal property or recover stolen property but these laws specifically forbid the use of deadly force.
I have done my best to inform you and the rest is up to you. You can have the last word. I'm outta here.
I'm glad you have a doctorate, but just like a good mechanic, a good prof will admit they don't know every law in every state. Just like a good mechanic would never say he knows everything about every machine on the planet.
Louisiana, as I happen to know because I live here, considers a vehicle an extension of the home. Just like you can shoot to kill someone breaking into your home, you can shoot to kill someone breaking into your car.
Mr Professor, I highly advise you look up Louisiana's stand your ground and castle doctrines. Maybe you'll learn something.
Understanding Louisiana's Stand-Your-Ground and Castle Laws
Long before Louisiana took steps to enact its own stand your ground laws in 2006, it had in place strict "castle laws." These statutes allow any Louisianian to use force, deadly or otherwise, to protect oneself on his or her property, or "castle." The protection is applicable to both one's home and car.
There is absolutely no provision that says that you must be occupying your car on your property in order to use deadly force.
I hate when someone uses some piece of paper given to them by a college or university to claim they know everything. I have multiple college degrees and I'm not stupid enough to use that to shove in peoples faces and think I know everything.
Now take your doctorate and go learn something.
I do know the laws in every state relative to the use of deadly force including the Castle Doctrine laws in Louisiana. Unfortunately you do not and you erroneously believe you can kill a man who is trying to break into your UNOCCUPIED vehicle. Since you obviously have not read the laws of your state, here they are (highlights are my own):
§20. Justifiable homicide
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:
Louisiana State Legislature
According to the laws of YOUR state and every other state, one can use deadly force to prevent someone from attempting to enter a dwelling or vehicle only if the person is occupying the dwelling or vehicle at the time.
Damn, you guys think you know the law and haven't even bothered to read it . Everything I said was right; however if anyone believes me wrong all you have to do is present a State statute that contradicts me. Don't even bother trying.
Once again kiddies: If you kill a man who is trying to break into your UNOCCUPIED vehicle, you will be going to prison no matter where you live. Now, I am done with the lot of all you wannabe lawyers.