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Thread: Trespassing or Breaking In

  1. #1
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    I know this isnt an ocw issue but its very interesting and happen here in my County and wounder by reading this was the 2 just trespassing or breaking in ?? I thought it funnt that when (challenged armed only with flashlight didnt leave lol.. ) I didnt know Alabama had a no retreat law or that changed?? Anyone know of this and when???

    Local News:

    Albertville man shoots, injures trespasser

    A Marshall County man shot and injured one of two trespassers on his property early Friday morning. Neighbors say it's nothing unusual for their crime-rampant community.

    The men were armed with only flashlights, and didn't leave when warned by the homeowner.

    When officers arrived at the scene, one man was left wounded, and his accomplice had run off and left him. Residents of Albertville's Alder Springs community say they weren't surprised to hear of an overnight shooting in their neighborhood.

    "Well the police are always over here, running up and down the roads, they're either looking for child molesters, or drug dealers and they're getting them cleaned out," said Bobby, who declined to give his last name.

    Even with an increased police presence in the neighborhood, one man decided to take the law into his own hands when he found two trespassers in his backyard. "He then got a gun, a shotgun from his house, he opened a window there to the residence," said Sgt. Jamie Smith of the Albertville Police Department. "He challenged the two with the shotgun, and then he fired either two are three rounds, we're still not clear on that."

    The homeowner declined to appear on camera, saying he feared for his safety. But Albertville Police say he's protected by the law. "Well the law was changed on that a few months ago, if someone was trying to get into your house, you had to retreat as far as you could go," said Smith. "The way the law is now, you have every right to defend your property."

    Neighbors agree with the homeowner's actions. "If someone broke into my house or got into my yard I'd do the same thing to him, cause this neighborhood's getting bad," Bobby said. The homeowner is not expected to face any charges. The man who suffered the gunshot wound is recovering in the hospital and won't be charged with a crime until he's released. Police are still searching for the second man.


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    Huummm. It will be interesting to see how this works out. I think he might have some problems if these guyswere just in his backyard. I'd say he'd be fine if they were trying to break into his house.

    Honestly, I think someone has the right to defend all of his property. Unfortunately, that's not the way everyone sees it.

    I will say that when I was working for the police department, we had a lady that shot a drunk guy trying to get into her back window. Come to find out, it was her neighbor that had gone out,gotten drunk,didn't have his house keys, and thought he was breaking into his own house. Police got there, made sure this is what happened, and she was fine. Police report said it was self-defense. I doubt it would have been the same if the guy was out in the backyard.

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    Detour wrote:
    The men... didn't leave when warned by the homeowner.

    .... "He then got a gun, a shotgun from his house, he opened a window there to the residence," said Sgt. Jamie Smith of the Albertville Police Department. "He challenged the two with the shotgun, and then he fired either two are three rounds, we're still not clear on that."
    Interesting. How is it that a couple of goofs with a flashlight would stick around when a man with a shotgun tells them to leave?


    Or was it a:

    "MoveYou're dead!"BANGBANGBANG.

    kind of situation?

    I am biased toward defending any homeowner who defends his home and property but I wonder where the one goof wash shot? And where was he when shot?

    The article is pathetically devoid of crucial details, besides being obviously written with an anti-gun bias...

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    HankT wrote:
    Detour wrote:
    The men... didn't leave when warned by the homeowner.

    .... "He then got a gun, a shotgun from his house, he opened a window there to the residence," said Sgt. Jamie Smith of the Albertville Police Department. "He challenged the two with the shotgun, and then he fired either two are three rounds, we're still not clear on that."
    Interesting. How is it that a couple of goofs with a flashlight would stick around when a man with a shotgun tells them to leave?


    Or was it a:

    "MoveYou're dead!"BANGBANGBANG.

    kind of situation?

    I am biased toward defending any homeowner who defends his home and property but I wonder where the one goof wash shot? And where was he when shot?

    The article is pathetically devoid of crucial details, besides being obviously written with an anti-gun bias...
    ditto

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    "BANG BANG BANG Move and you're dead"..."Dang it. I think that was supposed to be the other way around."



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    Daddyo wrote:
    "BANG BANG BANG Move and you're dead"..."Dang it. I think that was supposed to be the other way around."
    Your first version seems to be the fashion for some people. Shoot first then ask questions. If they are in the back yard and challenged but don't obey your commands then that is one thing but when you holler and they start running I can't justify shooting them in the back. I don't know what the case was here but sounds like it he ws OK.

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    I didnt know Alabama had a no retreat law or that changed?? Anyone know of this and when???



    To the OP; Jan 2006 law signed by Gov. Riley.


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    Detour wrote:
    SNIP Local News:

    Albertville man shoots, injures trespasser

    A Marshall County man shot and injured one of two trespassers on his property early Friday morning. Neighbors say it's nothing unusual for their crime-rampant community.
    Tough neighborhood! I wouldn't wanna go trespassing if its nothing unusual for trespassers to get shot!


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Citizen wrote:

    Tough neighborhood!* I wouldn't wanna go trespassing if its nothing unusual for trespassers to get shot!


    [/quote]

    See? Its working already. An armed society really is a polite society.

    One of my favorite joke signs of all times: "Warning! Trespassers will be shot. Survivors will be shot again!"

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    Daddyo wrote:
    Citizen wrote:

    Tough neighborhood! I wouldn't wanna go trespassing if its nothing unusual for trespassers to get shot!


    See? Its working already. An armed society really is a polite society.

    One of my favorite joke signs of all times: "Warning! Trespassers will be shot. Survivors will be shot again!"[/quote]


    WHO'S JOKING:what:

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    Regular Member thnycav's Avatar
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    I like the sign.



    If you can read tihs you are in range of the sniper.

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    HERE IN BAMA THE LAW DID CHANGE ABOUT 6 MONTHS AGO.DONT KNOW ABOUT THE NO RETREAT THING SOMEONE MENTIONED BUT ACCORDING TO THE NEW LAW IF YOU ARE ON SOMEONES PROPERTY AND THEY DONT WANT YOU THERE THEY CAN SHOOT YOU...

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    Can you give a reference? I missed it somehow and would like to be able to cite to authority as I spread the word.

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    I would also like to see the reference. As far as I know there are two section of Alabama law on this issue, Section 13A-3-23 andSection 13A-3-25. Simple trespassing does not seem to be a justified use of deadly force.

    There is no duty to retreat but this is not new, it was passed I think in 2006. 13A-3-23 4 b) "A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground."

    In Alabama if the use of deadly force is justified you are alsoimmune from civil action. d) "A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful.

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    That was the way I always understood it too.

    There was a guy a while back in Birmingham who got himself arrested when he shot at some kids who were breaking into his car. Last I heard, defense of property was not a legitimate use of deadly force.

    If you see somebody stealing your stereo, you can't just pop 'em. But if you confront them and they do something that makes you in fear of your life or serious bodily injury, that's an entirely different story.

    Maybe it has changed. That would be good. Kentucky has that law, and I don't think they have near as much trouble with property crime. I don't care how nice those rims are, they're not worth gettin' dead over.

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    Daddyo wrote:
    One of my favorite joke signs of all times: "Warning! Trespassers will be shot. Survivors will be shot again!"
    [/quote]


    Not a good sign to have in our day and age.

    If something happens at the home/apartment wheresuch a sign is, itwilllikely be noted. Here's an example case:

    http://www.nbcbayarea.com/news/local...-61105172.html

    That sign is not gonna help the couple one bit....even though it is arguably unrelated to the shooting incident.


  17. #17
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    Agreed.
    Too bad we, as a nation, have lost our sense of humor.
    In the words of Gov. Jesse- "Joke! Joke! Joke!"

  18. #18
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    I am not sure that is exactly the case Daddyo. 13A-3-23 as amended in 2006 states that deadly force is justified in the following circumstance. Still doesn't cover simple trespassing.

    Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.

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