Defense of property with deadly force?

[PriestEG]

just curious for those with more knowledge than myself as to what indiana law says about defending ones property with the use of deadly force if necessary.. i have allready had a motorcycle stolen and my house broken into in the last year and im geting fed up with no good dirty thieves!! if i was to catch someone in the act..? or running off with my things..? any ideas of which IC # would apply would be helpful

 

[Bill B]

Motorcyle? no.
House? yes.
Don't have the IC handy, someone will be along momentarily...

 

[PriestEG]

moto was in the garage will i was at work.. that count as part of the house??

 

[jeremy]

Try this for starters...

Indiana Code 35-41-3

 

[jeremy]

moto was in the garage will i was at work.. that count as part of the house??

Depends...

Is it an attached Garage for Starters...
Are you entering the Garage for something other than looking for Criminals...

 

[PriestEG]

Try this for starters...

Indiana Code 35-41-3

thank you. its not exactly black and white to me tho. one persons "reasonable" could be another persons acceptable when it comes to some things. im just concerned i may come home one day and find some jack wagon in my house going through my styff and i dont want to end up in the slammer

 

[PriestEG]

"is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession"
now does anyone think that someone running off with my computer, firesafe, firearm, dog etc. would warrent deadly force.. or is it like shooting a deer right over the property line and just kinda dragging it over the line

 

[jeremy]

thank you. its not exactly black and white to me tho. one persons "reasonable" could be another persons acceptable when it comes to some things. im just concerned i may come home one day and find some jack wagon in my house going through my styff and i dont want to end up in the slammer

Exactly....
For a better answer you'll need to find a Lawyer...

If you get the chance to take a class by Guy at Tactical Firearms Training (Tactical Firearms Training LLC - INGunOwners) do it. I am not saying your head will be any less cloudy but you will have a better understanding of where to look for the answers...

 

[ATM]

...now does anyone think that someone running off with my computer, firesafe, firearm, dog etc. would warrent deadly force..

No. The IC justifies only reasonable force (not deadly force) for thefts like these.

 

[ThrottleJockey]

Two things, CURTILAGE and dead men don't talk. That's all, figure the rest out on your own.

 

[Outlaw]

Two things, CURTILAGE and dead men don't talk. That's all, figure the rest out on your own.

Exactly

 

[j706]

just curious for those with more knowledge than myself as to what indiana law says about defending ones property with the use of deadly force if necessary.. i have allready had a motorcycle stolen and my house broken into in the last year and im geting fed up with no good dirty thieves!! if i was to catch someone in the act..? or running off with my things..? any ideas of which IC # would apply would be helpful

Dont make it more complicated than necessary. Any and all force used must be "reasonable" under the law. There just isn't much black and white in that like many people would like to think. IMO avoid deadly force at all cost's if possible. A average person will most likely know when they are at that point. The consequences of being wrong can be real bad.

 

[JohnP82]

I have been the victom of theft in the past, as I am sure many on here have. It sucks, but property is replaceable. Sure it pisses me off to no end to have my property stolen, but I would not consider taking a life over it.

Unlawfully enter my home, intend to harm my child or myself...yes, but personal property no. Just my

 

[esrice]

Insurance is good for those who would steal from you. Guns are good for those who would try to kill you.

 

[PriestEG]

Two things, CURTILAGE and dead men don't talk. That's all, figure the rest out on your own.

good stuff. like denzel washington said in training day "its not what you know, its what you can prove"

 

[oldshaky]

My wife had an attempted forced entry while i was at work . She called 911 after retrieving the home defense shotgun we own . The dispatcher asked if she was armed with a gun , she replied yes , the dispatcher told her to put it away . My wife told them she would not put it away until an officer was at the door . Had an intruder gained entry , the laws would not have mattered much or even been thought of till after the smoke cleared .

 

[John Galt]

... but property is replaceable. Sure it pisses me off to no end to have my property stolen, but I would not consider taking a life over it.

Unlawfully enter my home, intend to harm my child or myself...yes, but personal property no. Just my

^^^ This! Property IS replaceable. However, if I were at home at the time, I would confront the thief, defensively well armed of course, as I couldn't stand the thought of some low-life brazenly trespassing onto my property attempting to steal my hard-earned property. I would make it very clear that they are in charge of their immediate future and ask them in a firm and understandable manner to please not put me in fear of my life.

 

[PriestEG]

^^^ This! Property IS replaceable. However, if I were at home at the time, I would confront the thief, defensively well armed of course, as I couldn't stand the thought of some low-life brazenly trespassing onto my property attempting to steal my hard-earned property. I would make it very clear that they are in charge of their immediate future and ask them in a firm and understandable manner to please not put me in fear of my life.

i love the way you worded this. sounded like a line from a good action police movie!

 

[youngda9]

^^^ This! Property IS replaceable. However, if I were at home at the time, I would confront the thief, defensively well armed of course, as I couldn't stand the thought of some low-life brazenly trespassing onto my property attempting to steal my hard-earned property. I would make it very clear that they are in charge of their immediate future and ask them in a firm and understandable manner to please not put me in fear of my life.

Who is John Galt?

I'm not sure it's a good idea to attempt a discussion with a thief to try and talk them out of it.

 

[Kirk Freeman]

like denzel washington said in training day "its not what you know, its what you can prove"

Well, if we are going to draw legal conclusions from movies, then how did it work out for Denzel Washington at the end of the movie?

Property=reasonable force which is not deadly force. But remember if you do tackle them and initiate a juijitsu match then what happens if they get hurt (ahem, happens to cops all the time and look at the reaction among some of the public), or you get hurt or they have a blood or skin-borne pathogen?

I'd rather work to replace my motorcycle by calling the insurance company then have to appear for depositions, pay attorneys, lose time at work, inter alia.