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not really oc related but need advice

helldiablo

Regular Member
Joined
Jan 1, 2010
Messages
18
Location
, California, USA
imported post

this is hells girl. i have someone stealing off my property. if i catch them in the act am i legally able to hold them at gunpoint untill the cops arrive? its petty shit they are stealing but i would like to know what i can do legally to stop it. all the cops did was take a report and leave.
 

eraseallhope

Regular Member
Joined
Jan 11, 2009
Messages
101
Location
, ,
imported post

DO NOT USE A WEAPON

In california you are not legally allowed to defend property (this includes family pets) with force or a weapon.

Sorry

Maybe hire a police officer....ontop of the taxes we already pay to hire several thousand of them
 

flintlock tom

Anti-Saldana Freedom Fighter
Joined
Jun 13, 2008
Messages
405
Location
San Diego, California, USA
imported post

Use a camera. Take lots of photos of them on your property, taking your stuff.
If they see you taking photos it might be a good idea to be wearing a sidearm in case they decide they don't want their photo taken.
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
imported post

helldiablo wrote:
this is hells girl. i have someone stealing off my property. if i catch them in the act am i legally able to hold them at gunpoint untill the cops arrive? its petty @#$% they are stealing but i would like to know what i can do legally to stop it. all the cops did was take a report and leave.
if you can confront the thieves while they are stealing your stuff, on your property, you are in the right!
now if they try to attack you instead of running away, you may use as much force as is nessesary to stop the threat!!
 

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
imported post

eraseallhope wrote:
DO NOT USE A WEAPON

In california you are not legally allowed to defend property (this includes family pets) with force or a weapon.
You are if the act you're defending against is a felony.

California Penal Code Section 197

Homicide is also justifiable when committed by any person in
any of the following cases:


2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein;
 

Iopencarry

Regular Member
Joined
Mar 9, 2010
Messages
637
Location
Oakley, California, United States
imported post

per CPC

a private person(non LEO) can make an arrest



834. An arrest is taking a person into custody, in a case and in
the manner authorized by law. An arrest may be made by a peace
officer or by a private person.

835. An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested may be
subjected to such restraint as is reasonable for his arrest and
detention.


837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.


839. Any person making an arrest may orally summon as many persons
as he deems necessary to aid him therein.


841. The person making the arrest must inform the person to be
arrested of the intention to arrest him, of the cause of the arrest,
and the authority to make it, except when the person making the
arrest has reasonable cause to believe that the person to be arrested
is actually engaged in the commission of or an attempt to commit an
offense, or the person to be arrested is pursued immediately after
its commission, or after an escape.
The person making the arrest must, on request of the person he is
arresting, inform the latter of the offense for which he is being
arrested.


846. Any person making an arrest may take from the person arrested
all offensive weapons which he may have about his person, and must
deliver them to the magistrate before whom he is taken.
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
imported post

Get them on tape and turn the evidence over to your LEA. IF you were to take any action personally please do so with the knowledge learned from "How to own a gun and stay out of jail" and other sources and have very friendly witnesses.

And keep in mind you could end up in more trouble then it's worth.
 

dirtykoala

Regular Member
Joined
Jan 27, 2009
Messages
644
imported post

cato wrote:
Get them on tape and turn the evidence over to your LEA.  IF you were to take any action personally please do so with the knowledge learned from "How to own a gun and stay out of jail" and other sources and have very friendly witnesses.

And keep in mind you could end up in more trouble then it's worth.

sound advice. Someone I know was having things stolen over a month or so long period. Cops took a very short and unhelpful report, and blamed the cleaning ladies or friends. They set up a video camera and watched the live feed from the other side of the house, once a construction worker from next door broke in the cops were called. The streets were blocked within mins, the guy was caught next door working on the construction site, his van was searched, and hundreds of pairs of girls underwear came falling from his roof liner.

Video is probably gonna be your best offense and defense. This can be set up easily with a web cam from best buy, tied in to your computer and set to record with movement.
 

helldiablo

Regular Member
Joined
Jan 1, 2010
Messages
18
Location
, California, USA
imported post

hey guys its hell thanks for helpin my girl out she got a little freaked that some one was coming inot our yard and jacking stuff she called me after it happend i was out of state for the last week (in the free state of wy visiting my brother) just got home last night i told her to keep the gate locked and put my dogs outside. if some one was brave enoughto come in it would be their mistake like she said it wasent anything important they were taking just one of my bicycles and a bag of soda cans i told her NOT to use a gun let my dogs do their job unless they try to get inside if they do get inside i told her to call the cops and get mr.desert eagle .50ae and stay in the bedroom the reason she was concerned is nothing ever happend like this before to her also she is 5'2" tall not very big any way all is well in hellsville once again and thanks for helping out my girl with all you could.......i appericiate all the help ............Hell

p.s. while i was in wyoming i loc every day it was awsome to be free for a moment
(even though it was only a week :( )
 

Hawaii FiveO

Regular Member
Joined
Nov 17, 2009
Messages
112
Location
San Jose
imported post

helldiablo wrote:
<snip> she is 5'2" tall not very big any way all is well in hellsville once again and thanks for helping out my girl with all you could.......i appericiate all the help ............Hell

p.s. while i was in wyoming i loc every day it was awsome to be free for a moment
(even though it was only a week :( )

I know exactly how you feel. I was in Utah in Feb. and felt liberated, especially coming from the PRK. What a feeling, eh?
 
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