Defending my personal property?

[CombatVet]

I live in what I would consider a ruff neighborhood. There's drugs, thugs and frequent break ins. I was informed by my neighbor he called the cops as some one was attempting to jimmy my car door open last night. They had broken into his SUV last night and his wife's the night before. Several of our neighbors homes and vehicles have been broken into in the past 30 days.

So my question goes something like this. If I happen onto these guys breaking into my property am I legally allowed to defend my property? If so with what means?

I've asked the local PD to do extra patrols, or any patrols in my area, but they continually tell me they do not have the manpower. So I'm taking maters into my "own hands" so to speak. I've added as much extra preventative security as I can afford. My next step is sleeping in my car and never leaving my house.

 

[Expat]

IANAL and this is one area that I would not want to give any advice. Here is the law:

HOUSE BILL No. 1028
​

DIGEST OF HB 1028 (Updated February 21, 2006 3:10 pm - DI 106)​

Citations Affected: IC 35-41.
Synopsis: Firearms and self-defense. Specifies that a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. Specifies that a person: (1) is justified in using reasonable force, including deadly force, against another person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

Effective: July 1, 2006.

 

[CombatVet]

IANAL and this is one area that I would not want to give any advice. Here is the law:

HOUSE BILL No. 1028
​

DIGEST OF HB 1028 (Updated February 21, 2006 3:10 pm - DI 106)​

Citations Affected: IC 35-41.
Synopsis: Firearms and self-defense. Specifies that a person: (1) is justified in using deadly force; and (2) does not have a duty to retreat; if the person reasonably believes that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. Specifies that a person: (1) is justified in using reasonable force, including deadly force, against another person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

Effective: July 1, 2006.

I need to bookmark the IC's. Thanks for posting that. I read it as I do not have to retreat if I believe that force is necessary to prevent or terminate the other person's unlawful entry of my house or vehicle. I might have to bring this up in class tomorrow.

 

[CorvetteTom]

I'd say by that bit of legislation.... if you go out to confront someone and they appear to threaten you with harm... shoot them! It's what I would do. On the other hand, if you simply subdue them and call police... problem only temporarily solved.

 

[Expat]

there have been some pretty detailed discussions here before. You might search the board for the castle doctrine.

 

[CombatVet]

there have been some pretty detailed discussions here before. You might search the board for the castle doctrine.

Will do, thanks again.

 

[littletommy]

I need to bookmark the IC's. Thanks for posting that. I read it as I do not have to retreat if I believe that force is necessary to prevent or terminate the other person's unlawful entry of my house or vehicle. I might have to bring this up in class tomorrow.

Just to clarify, that's "occupied" vehicle.

 

[sj kahr k40]

I need to bookmark the IC's. Thanks for posting that. I read it as I do not have to retreat if I believe that force is necessary to prevent or terminate the other person's unlawful entry of my house or vehicle. I might have to bring this up in class tomorrow.

IMO, unlawful entry of an unoccupied vehicle is not a forceable felony.

 

[remymartin]

Just to clarify, that's "occupied" vehicle.

That's the way I interpret it. You must be inside the vehicle to legally defend. Loss of property does not justify a legal shoot. IANAL

 

[pinshooter45]

Deadly force snd Property

This is a tricky area. And as I Understand it you cannot use deadly force to defend property. Espeacially if the perp is unarmed, since ther would not be any evidence of a threat to your life or that of another. But if the perp has a tire iron or crow bar in his or her hand that might qualify. I do know that there has been a couple of LAC get into trouble just for using a gun to defend property. A few years ago I beleive some guy chased some perps that stole his SUV and shot at them. And he got into a lot of trouble for it. Can't remeber the final out come though.

 

[downzero]

I'd buy insurance. My insurance premiums are cheaper every month than even a single hour of a lawyer's work.

 

[Kirk Freeman]

So my question goes something like this. If I happen onto these guys breaking into my property am I legally allowed to defend my property? If so with what means?

What property is this? Real or personal?

Are you asking about defense of property vs. defense of self/occupied dwelling, etc.?

 

[Expat]

I'd buy insurance. My insurance premiums are cheaper every month than even a single hour of a lawyer's work.

Your homeowner's insurance will defend and indemnify BI or PD arising out of an occurrence (accidental). Most policies will respond to the insured protecting his property or life. It will not however provide a defense for criminal charges.

 

[downzero]

Your homeowner's insurance will defend and indemnify BI or PD arising out of an occurrence (accidental). Most policies will respond to the insured protecting his property or life. It will not however provide a defense for criminal charges.

I'm talking about for the loss of property. I lock my car doors and I lock my house. If someone wants to steal my stuff, they can have it. I'm not going to risk a violent encounter to protect my personal property.

 

[NordicHeathenVinlander]

I live in what I would consider a ruff neighborhood. There's drugs, thugs and frequent break ins. I was informed by my neighbor he called the cops as some one was attempting to jimmy my car door open last night. They had broken into his SUV last night and his wife's the night before. Several of our neighbors homes and vehicles have been broken into in the past 30 days.

So my question goes something like this. If I happen onto these guys breaking into my property am I legally allowed to defend my property? If so with what means?

I've asked the local PD to do extra patrols, or any patrols in my area, but they continually tell me they do not have the manpower. So I'm taking maters into my "own hands" so to speak. I've added as much extra preventative security as I can afford. My next step is sleeping in my car and never leaving my house.

You and afew 'trusting' neighbors, no more than 5 need to handle this.

It's quite obvious the perp is indeed familar, a predator (He observes the pattern, and then acts accordingly.) your best bet is to have everyone continue business as usual, and attempt to ambush the crook, what happens to him after he's caught, is between the captor and him.

Quite honestly, hospitality is not in your favor to give him.


Perhaps Armed Foot patrol is in order, self-clean up, ZERO tolerance for criminals of any sort.


I suggest this route, because of the obvious LEO shortage, and increase criminal activity in your area. It's only a matter of time before a House wife, kids or unsuspecting individual is victim to the violent ambitious of this perp.


Like a violent, aggressive dog, the Individual must be dealt with.

 

[beararms1776]

Sounds like you need some motion sensor lights or dogs. If you see someone getting into your vehicle you can call police first and/ or confront the thief. If your going to confront them and you do have a dog, be careful about opening your door. Dogs do have a habit of running out of the house.

 

[JoshuaW]

You can defend your occupied residence (or occupied vehicle) if you must. I agree with the use of motion lights and the like. Keep your vehicle parked as close as possible to your home.

As someone said above, organizing a neighborhood watch type program may help. If you get a group together and every night (at a different time, so a pattern doesnt form) take a walk around the neighborhood with some bright flashlights, and make it obvious that you are scanning every home and vehicle in the area, it will be a little less appealing for criminals. If things are as bad as you are saying, I would certainly be armed while doing this. Just remember that you cant simply start shooting to stop someone from breaking into a car or stealing a bike out of a garage. Call the police, be the best witness you can. If your life is put in danger, that is when you can start shooting.

 

[CombatVet]

Just to clarify, that's "occupied" vehicle.

Good point, I see I read that wrong.

What property is this? Real or personal?

Are you asking about defense of property vs. defense of self/occupied dwelling, etc.?

Talking about my home and my unoccupied car.

I'd buy insurance. My insurance premiums are cheaper every month than even a single hour of a lawyer's work.

I agree it really is, but I'm tired of being a potential victim. I'm tired of hearing every little noise outside and wondering if it's some one trying to break in. Again.

 

[CombatVet]

You and afew 'trusting' neighbors, no more than 5 need to handle this.

It's quite obvious the perp is indeed familar, a predator (He observes the pattern, and then acts accordingly.) your best bet is to have everyone continue business as usual, and attempt to ambush the crook, what happens to him after he's caught, is between the captor and him.

Quite honestly, hospitality is not in your favor to give him.


Perhaps Armed Foot patrol is in order, self-clean up, ZERO tolerance for criminals of any sort.


I suggest this route, because of the obvious LEO shortage, and increase criminal activity in your area. It's only a matter of time before a House wife, kids or unsuspecting individual is victim to the violent ambitious of this perp.


Like a violent, aggressive dog, the Individual must be dealt with.

From what I understand from my neighbors is that there was a community watch that did patrols, but for some reason the owner of the community shut it down. I'm a little shady on the reasoning.

Sounds like you need some motion sensor lights or dogs. If you see someone getting into your vehicle you can call police first and/ or confront the thief. If your going to confront them and you do have a dog, be careful about opening your door. Dogs do have a habit of running out of the house

I just finished installing motion sensor lights earlier this week. That's how my neighbor saw the guys last night. I've had a dog in the past, but with my young kids it doesn't usually work out. Maybe in a few years when my son isn't so violent.

 

[ruger1800]

A friend of mine shot a guy breaking into his car in the driveway, cost him every penny he had to keep his home and stay out of prison.