- #141
TheStatutoryApe
- 296
- 4
I tried reading all of this but eventually started skimming.
This is what I know of California law.
You, as a citizen, have more or less the same rights to act as a police officer does when he arrives to protect you. Problem is that the police follow strict rules about what they are and are not allowed to do in certain situations and if you decide to play police officer you will be expected to follow the same procedures to within a rather strict degree of reason.
What are you allowed to do?
Well powers to arrest state generally that you have to have observed a person commit a misdemeanor in order to arrest them for it. So if you do not observe the person actually breaking into your home (breaking and entering is a misdemeanor) then you can not arrest them for it. If you find the person is actually in your home then you can say that they are trespassing but for a person to be considered a trespasser you must at least have a sign saying "no trespassing" and even then will likely still have to confront the person and request that they leave. If you request that they leave and they refuse then you can arrest them for trespassing.
As far as stealing goes the thief must actually remove your property from your home for it to be considered theft.
I believe that the law says five hundred dollars in value makes something grand theft which is then a felony.
For a felony you need only have reasonable suspicion to arrest a person. What constitutes reasonable suspicion is of course a problem. I'm not sure if you can arrest a person for attempted grand theft or if there is even such a crime according to the law. So you are probably unable to arrest a person for suspicion of grand theft unless you find them in your home and see that items of such a value are in fact missing from your home. In court you may also have to prove that you were aware at the time that what was missing was in fact worth enough to constitute grand theft.
Now arresting a person is another story all together. Technically as a citizen you are allowed to arrest a person under the circumstances I outlined above. The problem is what actions exactly are you allowed to take to arrest a person? Well if you are arresting a person for trespassing and they decide to leave what then? The point is that they are in your home uninvited and you wish them to leave so if they try to leave you then have no more reason to arrest them. So if you attempt to detain them because you are somehow certain in your own mind that they have commited some other crime yet you have no evidence then you are guilty of false imprisonment. Also if you believe a person has commited a felony but you are unable to demonstrate that you had reasonable suspicion you are yet again guilty of false imprisonment. Further if you so much as make a person believe that they are unable to leave when they should have legally been allowed to do so you can be found guilty of false imprisonment. So in most cases it is not a good idea to attempt to arrest someone on your own. Generally you should wait for the police to arrive and you can have the person arrested immediately remanding them to the custody of the police so you have no liability in the manner and circumstances of their arrest.
As for self defense it is quite difficult to prove in most places here. And the police generally do their job with a rather high level of prejudice. Remember that the police don't arrest you for commiting a crime, they arrest you because they believe you may have commited a crime. The court decides whether or not you actually commited one. So if the police have any reason what so ever to believe that you may have commited a felony they can arrest you and it is dependant upon the policy of the police department and the temperment of the officer just what level of prejudice they will use. If the criminal is conscious and relatively unhurt when the police arrive he may decide right then that he wishes to press charges against you and you will likely be arrested. If he says nothing then you will not likely be arrested. If the criminal is unconscious and/or requires medical attention you may or may not be arrested depending on the judgement of the officers. If the person is severely injured or dead you will most likely be arrested. Again, remember, this doesn't mean you have broken the law, you don't have to have broken the law, they only need reason to believe that you may have. The court decides whether or not you have broken the law and in a state as litigeous as CA the specifics of the law really matter rather little because it ultimately comes down to the jury and verdicts in such cases can swing wildly either way.
At any rate, I would personally probably try to beat the crap out of the guy. If there were more than one I would probably try to find a bat or something. People who break into houses often come back. They may even leave your place because they thought they heard you moving around and then just go right over to your neighbours and break into their place instead. At the very least you always want to call the police no matter what. These people are often on drugs as well which makes them unpridictable they may look to hurt or rape someone. They may also be attempting a home invasion in which case they are not going to just leave. A good reason both for attempting to defend yourself and for not attempting to defend yourself because if they are on drugs they will likely be that much more dangerous and difficult to take down. You will also need to be sure to take them down as quickly and effectively as possible to make sure that they don't get back up. This means you have to be very careful because if you kill one you will very likely wind up in jail. I know the consequences of a decision to use force against an intruder and anyone who thinks that they may try the same ought to be aswell.
This is what I know of California law.
You, as a citizen, have more or less the same rights to act as a police officer does when he arrives to protect you. Problem is that the police follow strict rules about what they are and are not allowed to do in certain situations and if you decide to play police officer you will be expected to follow the same procedures to within a rather strict degree of reason.
What are you allowed to do?
Well powers to arrest state generally that you have to have observed a person commit a misdemeanor in order to arrest them for it. So if you do not observe the person actually breaking into your home (breaking and entering is a misdemeanor) then you can not arrest them for it. If you find the person is actually in your home then you can say that they are trespassing but for a person to be considered a trespasser you must at least have a sign saying "no trespassing" and even then will likely still have to confront the person and request that they leave. If you request that they leave and they refuse then you can arrest them for trespassing.
As far as stealing goes the thief must actually remove your property from your home for it to be considered theft.
I believe that the law says five hundred dollars in value makes something grand theft which is then a felony.
For a felony you need only have reasonable suspicion to arrest a person. What constitutes reasonable suspicion is of course a problem. I'm not sure if you can arrest a person for attempted grand theft or if there is even such a crime according to the law. So you are probably unable to arrest a person for suspicion of grand theft unless you find them in your home and see that items of such a value are in fact missing from your home. In court you may also have to prove that you were aware at the time that what was missing was in fact worth enough to constitute grand theft.
Now arresting a person is another story all together. Technically as a citizen you are allowed to arrest a person under the circumstances I outlined above. The problem is what actions exactly are you allowed to take to arrest a person? Well if you are arresting a person for trespassing and they decide to leave what then? The point is that they are in your home uninvited and you wish them to leave so if they try to leave you then have no more reason to arrest them. So if you attempt to detain them because you are somehow certain in your own mind that they have commited some other crime yet you have no evidence then you are guilty of false imprisonment. Also if you believe a person has commited a felony but you are unable to demonstrate that you had reasonable suspicion you are yet again guilty of false imprisonment. Further if you so much as make a person believe that they are unable to leave when they should have legally been allowed to do so you can be found guilty of false imprisonment. So in most cases it is not a good idea to attempt to arrest someone on your own. Generally you should wait for the police to arrive and you can have the person arrested immediately remanding them to the custody of the police so you have no liability in the manner and circumstances of their arrest.
As for self defense it is quite difficult to prove in most places here. And the police generally do their job with a rather high level of prejudice. Remember that the police don't arrest you for commiting a crime, they arrest you because they believe you may have commited a crime. The court decides whether or not you actually commited one. So if the police have any reason what so ever to believe that you may have commited a felony they can arrest you and it is dependant upon the policy of the police department and the temperment of the officer just what level of prejudice they will use. If the criminal is conscious and relatively unhurt when the police arrive he may decide right then that he wishes to press charges against you and you will likely be arrested. If he says nothing then you will not likely be arrested. If the criminal is unconscious and/or requires medical attention you may or may not be arrested depending on the judgement of the officers. If the person is severely injured or dead you will most likely be arrested. Again, remember, this doesn't mean you have broken the law, you don't have to have broken the law, they only need reason to believe that you may have. The court decides whether or not you have broken the law and in a state as litigeous as CA the specifics of the law really matter rather little because it ultimately comes down to the jury and verdicts in such cases can swing wildly either way.
At any rate, I would personally probably try to beat the crap out of the guy. If there were more than one I would probably try to find a bat or something. People who break into houses often come back. They may even leave your place because they thought they heard you moving around and then just go right over to your neighbours and break into their place instead. At the very least you always want to call the police no matter what. These people are often on drugs as well which makes them unpridictable they may look to hurt or rape someone. They may also be attempting a home invasion in which case they are not going to just leave. A good reason both for attempting to defend yourself and for not attempting to defend yourself because if they are on drugs they will likely be that much more dangerous and difficult to take down. You will also need to be sure to take them down as quickly and effectively as possible to make sure that they don't get back up. This means you have to be very careful because if you kill one you will very likely wind up in jail. I know the consequences of a decision to use force against an intruder and anyone who thinks that they may try the same ought to be aswell.
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