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Parkbandit
06-07-2008, 11:06 AM
My truck was broken into last night in my driveway. All the scumbags took was my old Tom-Tom (was going to get a new one anyway) and my Sirius radio.

And people wonder why I am so adamant about carrying a gun. Let me tell you, had I heard them breaking into my truck last night, there would be at least 1 less thief polluting this planet.

Fucking dog didn't even hear them. I'm glad I kept my outside light on for them to see what they were doing.. they obviously weren't frightened off by the light.

Cockroaches.

War Drums
06-07-2008, 11:08 AM
Move to a richer neighborhood

Parkbandit
06-07-2008, 11:48 AM
Yea I know.. it's my fault.

Ilvane
06-07-2008, 11:51 AM
Ugh, sorry to hear that. Seems to be pretty bad around where I go to school, not so much where I live thankfully.

Angela

NocturnalRob
06-07-2008, 11:58 AM
next time make them take a bite out of the pavement

Gan
06-07-2008, 12:08 PM
Next time leave a cooler in your truck. Its hard fucking work breaking and entering into a vehicle (quietly). A guy deserves a cold beer for pulling that off successfully.

Keller
06-07-2008, 12:09 PM
had I heard them breaking into my truck last night, there would be at least 1 less thief polluting this planet.

And one homicide case for Mike to defend against. Not saying it's right or wrong that it is considered murder to shoot someone breaking into your truck -- but it is (edit: meaning it is the crime of homicide, likely voluntary manslaughter). Don't do it.

Gan
06-07-2008, 12:22 PM
I think Florida laws are like Texas laws with regards to protecting ones property.

Doubtful he would be charged.

Parkbandit
06-07-2008, 12:31 PM
Next time leave a cooler in your truck. Its hard fucking work breaking and entering into a vehicle (quietly). A guy deserves a cold beer for pulling that off successfully.


Heh.. funny thing is, there was a cooler in the back. It only had some water and propels in it though.

And they were just stupid. There was far more valuable things in the back of the cab (2 Dewalt 18v drills, 2 big first aid kits and a really nice hydrolic jack).

Parkbandit
06-07-2008, 12:35 PM
I think Florida laws are like Texas laws with regards to protecting ones property.

Doubtful he would be charged.

I'm completely protected... which is one reason I live in Florida.

Gan
06-07-2008, 12:37 PM
Sounds like kids hit it.

I would have boosted the drills and the jack first... and looked for other tools (and beer) ;)

Keller
06-07-2008, 12:38 PM
I think Florida laws are like Texas laws with regards to protecting ones property.

Doubtful he would be charged.

He'd need to prove he reasonably believed the use of deadly force was necessary to prevent imminent use of deadly force against himself or others.

While there is a irrebutable presumption that the breaking into of a vehicle is "with the intent to use deadly force" -- it only applies if you are in the vehicle when it's broken into.

It'd be a difficult sell, even to the most redneck jury you could find, that having woken up in your bed, it was necessary to use deadly force against the person breaking into your truck outside in the middle of the night.

Keller
06-07-2008, 12:50 PM
I'm completely protected...

No. You're not.

Stanley Burrell
06-07-2008, 01:04 PM
People still do steal radios you know. How do you think I got this suit? (http://www.youtube.com/watch?v=HQRLmU-0KCM) ::Harlem Shake::

Sean of the Thread
06-07-2008, 02:14 PM
There wouldn't be charges filed in Florida unless he shot him whilst fleeing. Can pretty much guarantee you that. "Hey give me that back!" "No fuck you" pop pop.

I caught someone in my truck with the door open leaning in under the dash (after breaking a wrong key off in the ignition that he found).. yelled "HEY WTF ARE YOU DOING IN MY TRUCK!" and I put about a 20 yard dash body slam into the door and smashed his fucking legs pinning him in the truck while I tried to get to my cell phone. Struggle ensued and beat the shit out of him and chicken winged him up until the cops arrived.

Obviously the best thing to do would be sit back and call the police asap. Turned out that dude had a pos .380 on him as well as hypodermic needles and heroin. So pretty dumb on my part but..


If someone looks like they have poor health/hep/hiv/fucking flu and they come at you... you can pop them in Florida.

Not that any jury would ever convict anyways.


P.s. Tampa Bay isn't redneck it's a Metro. One of the largest in the U.S.

Parkbandit
06-07-2008, 02:25 PM
There wouldn't be charges filed in Florida unless he shot him whilst fleeing. Can pretty much guarantee you that. "Hey give me that back!" "No fuck you" pop pop.

I caught someone in my truck with the door open leaning in under the dash (after breaking a wrong key off in the ignition that he found).. yelled "HEY WTF ARE YOU DOING IN MY TRUCK!" and I put about a 20 yard dash body slam into the door and smashed his fucking legs pinning him in the truck while I tried to get to my cell phone. Struggle ensued and beat the shit out of him and chicken winged him up until the cops arrived.

Obviously the best thing to do would be sit back and call the police asap. Turned out that dude had a pos .380 on him as well as hypodermic needles and heroin. So pretty dumb on my part but..


If someone looks like they have poor health/hep/hiv/fucking flu and they come at you... you can pop them in Florida.

Not that any jury would ever convict anyways.


P.s. Tampa Bay isn't redneck it's a Metro. One of the largest in the U.S.


It's a free pass to beat the fuck out of some piece of shit.

Keller
06-07-2008, 04:15 PM
There's a pretty big distinction between walking up to your car being broken into and leaving the sanctity of your home to shoot someone breaking into your car.

Your example is covered under section 776.08 of the Florida Crimes definition of "forceful felony" under which deadly force "self-defense" is available.

Whether a jury would nullify the law and allow vigiliante justice is any story. But by the rule of law, you cannot get your gun, leave your home, and shoot someone breaking into your vehicle. Even in Florida.

Sean of the Thread
06-07-2008, 05:56 PM
Yes you can. As soon as they turn around and face you.


/end

CrystalTears
06-07-2008, 05:57 PM
Yeah I'm not sure about leaving your house to shoot someone. I don't think that'll fly no matter where you live.

Bobmuhthol
06-07-2008, 05:59 PM
<<Yes you can. As soon as they turn around and face you.>>

What a goddamn inaccurate statement. They can easily be surrendering.

Keller
06-07-2008, 06:06 PM
Yes you can. As soon as they turn around and face you.


/end


Just remember that ignorance of the law is not a defense. I'm sure you've got a decent list of public defenders you can contact.

Jaimaltz
06-07-2008, 06:17 PM
My truck was broken into last night in my driveway. All the scumbags took was my old Tom-Tom (was going to get a new one anyway) and my Sirius radio.
Cockroaches.

That happened to me in college. Some asshole broke into my old jetta that I had just picked up. Unfortunately for them, the guy I bought my car from was a fucking idiot and hardwired everything to the battery instead of the alternator, and didn't ground anything. Fog lights, radio, sound system, you name it. Well, when the thief tried to remove the radio, he became ground and got a massive shock, leaving behind a small amount of his burnt flesh stuck to the wires on my radio. Needless to say, he left the radio behind.

I was initially quite pissed about it, (the thieving, discovering that everything was wired wrong, the damage to the drivers side window, the smell of burnt human flesh) but in the end it did bring a smile to my face.

Krendeli
06-07-2008, 06:59 PM
<<Yes you can. As soon as they turn around and face you.>>

What a goddamn inaccurate statement. They can easily be surrendering.

They must be French.

Sean of the Thread
06-07-2008, 07:05 PM
<<Yes you can. As soon as they turn around and face you.>>

What a goddamn inaccurate statement. They can easily be surrendering.

The burden of proof is on the dead guy.

Whether I agree with it or not guys I'm just telling you how it is.

Sean of the Thread
06-07-2008, 07:10 PM
Just remember that ignorance of the law is not a defense. I'm sure you've got a decent list of public defenders you can contact.

I know the self defense and gun statutes inside and out in FL. 790.xx in the books if you're interested as well as a plethora of other information available regarding such. Actually there is a copy in a binder in my vehicle at all times.

I'm not arguing here ...I'm just telling you how it is.

Keller
06-07-2008, 07:33 PM
I know the self defense and gun statutes inside and out in FL. 790.xx in the books if you're interested as well as a plethora of other information available regarding such. Actually there is a copy in a binder in my vehicle at all times.

I'm not arguing here ...I'm just telling you how it is.

Under Florida Crimes Section 776 (not 790, which is not relevant to the use of deadly force in defense of self or others) you have the normal reasonable belief of imminent bodily harm self-defense in addition to defense of property in a forcible felony. Force is threat to a person.

Obviously, PB did not, from the safety of his bed, have a reasonable belief of imminent bodily harm. So then you have to look to the defense of property in a forcible felony. There was no "force", w/r/t the legal term of art, employed in the crime he discussed. He could argue, because the perp is hypothetically dead, that he happened upon the thief inadvertantly w/o the intention to protect his property and then could argue it was "forcible" -- but that's not what happened and not what I am telling you. What I am telling you is that you cannot leave your home to shoot someone invading your unoccupied vehicle w/o some additional knowledge (like they shout, "I'm going to hot-wire this truck and run down the first pedestrian I see!").

Nieninque
06-07-2008, 08:07 PM
Are you The E in disguise?

Jaimaltz
06-07-2008, 08:18 PM
He'd need to prove he reasonably believed the use of deadly force was necessary to prevent imminent use of deadly force against himself or others.

While there is a irrebutable presumption that the breaking into of a vehicle is "with the intent to use deadly force" -- it only applies if you are in the vehicle when it's broken into.

It'd be a difficult sell, even to the most redneck jury you could find, that having woken up in your bed, it was necessary to use deadly force against the person breaking into your truck outside in the middle of the night.

If you talked to the cops and claimed that, then you have to prove it. If you don't talk to a cop, THEY to have to prove you came out of your house just to shoot the robber. THEY have to prove your life wasn't in danger. This is why you NEVER talk to a cop. It can never help you.

This guy explains it much better than me. Always exercise your 5th amendment rights - especially if you're innocent.

http://video.google.com/videoplay?docid=-4097602514885833865&hl=en

Sean of the Thread
06-07-2008, 08:42 PM
Under Florida Crimes Section 776 (not 790, which is not relevant to the use of deadly force in defense of self or others) you have the normal reasonable belief of imminent bodily harm self-defense in addition to defense of property in a forcible felony. Force is threat to a person.

Obviously, PB did not, from the safety of his bed, have a reasonable belief of imminent bodily harm. So then you have to look to the defense of property in a forcible felony. There was no "force", w/r/t the legal term of art, employed in the crime he discussed. He could argue, because the perp is hypothetically dead, that he happened upon the thief inadvertantly w/o the intention to protect his property and then could argue it was "forcible" -- but that's not what happened and not what I am telling you. What I am telling you is that you cannot leave your home to shoot someone invading your unoccupied vehicle w/o some additional knowledge (like they shout, "I'm going to hot-wire this truck and run down the first pedestrian I see!").

Well you're getting the idea somewhat now but yes you can. I hear a disturbance in my yard. I investigate. Douchebag criminal threatens me (true or not) and is dead. I'm not saying that's what I'd do. I've had many opportunities to engage in a clean shoot and never done so. (obviously) The one time I would have was when some crack head was trying to car jack me at a stop light with my child in the car. I wasn't armed at the time.

That's how it would play out. That's how it would end. It would have very high probability of spending five minutes on the states desk before being passed into the heap of not filed.

Don't shoot someone in the back or whilst fleeing and you're clean 99% in FL. In your house even more so. Castle Doctrine ftw. The minute an angry customer has both feet in your front door you're clear. Just don't shoot him on the way out (why the fuck would you want to anyways). As far as intervening with deadly force in other instances just put yourself in the victims shoes. Use it for them if you'd use it for yourself... example being seeing someone getting worked over by three dudes or a robbery etc.

Again chances of a jury convicting in such situations are slim to none in FL and they rarely goto trial anyways. Especially since they changed the law in recent years about fulfilling your duty to flee. ( You don't have to anymore)

Florida leads the nation in precedence for gun laws. Don't worry someday some of you libby's will enjoy the same right to protect yourself and property as we do as the other states are following suit like dominoes.

longshot
06-07-2008, 08:59 PM
Yea I know.. it's my fault.

It's society's fault.

You should pay more taxes, and then this wouldn't happened...

Sean of the Thread
06-07-2008, 09:04 PM
It's society's fault.

You should pay more taxes, and then this wouldn't happened...

Well maybe I missed the details. Were your car doors locked? Did the physically break in?


I've been getting a chuckle out of the electric signs all over Pinellas county about reducing crime lock your doors and windows.

longshot
06-07-2008, 09:12 PM
Well maybe I missed the details. Were your car doors locked? Did the physically break in?


I've been getting a chuckle out of the electric signs all over Pinellas county about reducing crime lock your doors and windows.

I was being sarcastic. You thought I was serious?

Keller
06-07-2008, 09:15 PM
Like I said: you can lie about the circumstances of the shooting. But under the given facts it is a voluntary manslaughter.

Sean of the Thread
06-07-2008, 09:18 PM
I was being sarcastic. You thought I was serious?

No no I got that. I was just curious as to the actual circumstances.

Sean of the Thread
06-07-2008, 09:20 PM
Like I said: you can lie about the circumstances of the shooting. But under the given facts it is a voluntary manslaughter.

Just saying how it is man. If a bum comes up to you too aggressively you can drop him in FL and be clean.

Parkbandit
06-07-2008, 09:23 PM
<<Yes you can. As soon as they turn around and face you.>>

What a goddamn inaccurate statement. They can easily be surrendering.

What a goddamn inaccurate statement. How would the cops know he was surrendering.. if he was dead. It's not like he would have a white flag or his hands stuck up in the air.

Parkbandit
06-07-2008, 09:26 PM
It's society's fault.

You should pay more taxes, and then this wouldn't happened...


:rofl:

Winner.

The perp nailed a neighbor's truck too.. so we have it narrowed down to about a 2 hour period early this morning. Didn't get any prints off either vehicle though.. fucking prick was smart enough to wear gloves.

Parkbandit
06-07-2008, 09:27 PM
No no I got that. I was just curious as to the actual circumstances.

Doors all locked, windows shut. They punched out the lock and used a bar to unlock the door... fucking up my door.

http://i36.photobucket.com/albums/e6/belike53/P6070026.jpg

Ashmoon
06-07-2008, 09:49 PM
Last summer, my car was entered (not broken since it was unlocked). Glove box and compartments were all tossed, obviously as the papers were left on the front seat. They took a pack of gum, half of the spare change and spare keys. Left some more valuable things.

Cleverly, the keys I left in there had a spare to the car. Figured it was kids who got scared and ran before getting anymore and couldn't drive a stick shift. Turns out it was kids...they got caught. All the other victims had broken windows.

Moral of the story...don't lock your car if there's no beer in it.

Sean of the Thread
06-07-2008, 11:29 PM
man that sucks.


I'm going to start a security device consisting of two quarts of Old English attached to door handles.

Guaranteed to divert any criminal.

Parkbandit
06-07-2008, 11:35 PM
One thing that I did learn.. DO NOT keep the remote for your garage door in any vehicle you leave outside. I always lock the door to my garage, but had this piece of shit gotten into my garage, I'd be even more pissed.

Sean of the Thread
06-08-2008, 12:02 AM
One thing that I did learn.. DO NOT keep the remote for your garage door in any vehicle you leave outside. I always lock the door to my garage, but had this piece of shit gotten into my garage, I'd be even more pissed.

Good point man. Those Hoverrounds are not cheap...