If someone breaks into your home in the middle of the night,
are you allowed to use deadly force to stop them?
You are never entitled to use deadly force to protect property. You
need something more... for example, they must have committed
a class A felony such as murder, armed robbery , rape or first degree
assault. You also have a right of self-defense, but must
only use such force as is reasonably necessary to protect against death,
serious physical injury, rape, sodomy or kidnapping.
Let’s say you observe a burglar escaping out the window
and running down the street with your computer, can you use deadly
force?
In 1985 the U.S. Supreme Court decided a case called Tenessee
vs. Garner. The police shot a robber in the head and killed him as he
was climbing a fence to escape.
The court decided that the protection of property does not outweigh
the value of human lives, and since robber was not a direct threat to
them, but trying to escape, the officers did not have the right
to take his life.
So when it comes to protecting your home or property, what steps
are you allowed to take?
You are allowed to stop and detain someone that you reasonably believe
has committed a property crime, basically making a citizen’s arrest,
but only if it is necessary to prevent an escape. The amount of force
must be reasonable, and you can only hold them until a law enforcement
official can be found.
What are consequences for using excessive force?
If you use excessive force to stop a thief and accidentally injure his
spine, you may be subject to a civil lawsuit.
Even if you are in a situation where deadly force is appropriate or
necessary, you will face civil and maybe criminal charges if you accidentally
shoot an innocent person or damage some ones house or car.
Using force, especially deadly force, should be a matter of last
resort, and remember that your property is never worth more than any person’s
life.
