Is it lawful to shoot an intruder who reaches for his waistband behind his back

[daggo66]

This is an excellent video explaining why you should keep your mouth shut. It’s long but well worth the time.

 

[Johnny5k]

They will find the letter when they search your house.

Why on earth would they do that? What on earth would a warrant list for seizure in this case, and why on earth would that list include unopened mail?

 

[daggo66]

Why on earth would they do that? What on earth would a warrant list for seizure in this case, and why on earth would that list include unopened mail?

If you allow a search without a warrant they can look at anything they want. Always demand a warrant.

 

[ICW2019]

This is why you have kids and a wife in the house so you have "protection of others" and don't have to try and worry about attempted egress first.

 

[Blaster229]

This is why you have kids and a wife in the house so you have "protection of others" and don't have to try and worry about attempted egress first.

You don't have a duty to retreat inside your home. Regardless who is or isn't inside.

 

[4g64loser]

Pretty sure you think you'll remember to wipe the gunshot residue off the knife that got on it from your hands from when you fired your pistol?
I doubt it.

Thing is, many think this is a legit move.

Not in any way condoning the planting of evidence as it is a stupid move but the normally used field GSR test (electron microscopy for barium/lead/antimony) would be positive on just about any surface that was within 3-10ft of the discharge(s). Plenty of other ways to prove the evidence was staged, though.

 

[Blaster229]

Not in any way condoning the planting of evidence as it is a stupid move but the normally used field GSR test (electron microscopy for barium/lead/antimony) would be positive on just about any surface that was within 3-10ft of the discharge(s). Plenty of other ways to prove the evidence was staged, though.

They would be able to see how it was disturbed by not a dead person.

So I guess you forgot to use the sarcasm font?

 

[4g64loser]

They would be able to see how it was disturbed by not a dead person.

So I guess you forgot to use the sarcasm font?

The field test I specifically mentioned is the metal collection disks pressed to the surface in question then examined by electron microscopy. The disks themselves disturb the residue.

Far easier to examine latent print overlay, among other options.

In any event, as I said, I agree with you that evidence tampering is retarded. Even if the shoot is ruled good a DA or SA can still stick you with the tampering charge. Some states, this is a felony a conviction would make the shooter a prohibited person plus the normal jail penalty.

 

[Bullfrog]

Yeah… go ahead and try to make yourself look righteous by adding evidence to the scene.
A kitchen knife, and old pos toy gun, or maybe a six sided dildo.

After all… Who’s going to know… right?

[/SARCASM]

Pretty sure you think you'll remember to wipe the gunshot residue off the knife that got on it from your hands from when you fired your pistol?
I doubt it.

Thing is, many think this is a legit move.

Duh... you use the tongs in the kitchen to pick up the knife and place it in his hand, then throw the tongs in the kitchen sink and fill it with (room temperature) water.

Then you take off his shoes and make tracks into the kitchen and back, then put them back on him. Don't get left/right mixed up and don't leave any DNA.




PS; you two are agreeing on something and I don't see brimstone raining down outside. What's up?

 

[scottyfz6]

[sarcasm] I personally keep a throw away gun and ammo that have been run thru an autoclave in a zip lock bag. I will then use gloves and use the dead perps hand to load the mag, touch all over the ammo, mag and gun. Then using their finger will pull the trigger to shot my self in the leg, then will jump back before I bleed to the proper distance [/sarcasm]

I am entirely kidding, dont jump all over me for what is obviously a joke.

 

[4g64loser]

What's really disgusting to me is that we live in a legal environment where a person has to even consider this kind of evidence tampering to protect themselves from predatory SA/DA.

On public ground, I understand that my actions are subject to a higher standard of care but in my own home, where I am the sole legal occupant, if you enter when I am there I will assume that you are there to do me grievous bodily harm. People should not fear malicious prosecution in the own homes. It should be a steep hill to climb to even empanel a grand jury for such a thing.

And for the record, it's still a terrible idea to tamper with evidence. Or speak without representation.

 

[Bullfrog]

What's really disgusting to me is that we live in a legal environment where a person has to even consider this kind of evidence tampering to protect themselves from predatory SA/DA.

The majority of my handguns are SA/DA, and I promise they are not predatory in any way. Sigs, CZs, even a Ruger revolver in there now, and they all get along just fine.

 

[4g64loser]

The majority of my handguns are SA/DA, and I promise they are not predatory in any way. Sigs, CZs, even a Ruger revolver in there now, and they all get along just fine.

My apologies.... States Attorney/District Attorney! Haha.

I did not mean in any way to impugn the character of the great Bullfrog's handgun collection!

 

[RoadDawg]

Duh... you use the tongs in the kitchen to pick up the knife and place it in his hand, then throw the tongs in the kitchen sink and fill it with (room temperature) water.

Then you take off his shoes and make tracks into the kitchen and back, then put them back on him. Don't get left/right mixed up and don't leave any DNA.




PS; you two are agreeing on something and I don't see brimstone raining down outside. What's up?

There is much that we may agree on. Sadly it's the few we don't which casuses aggravation. Go figure...

But on the topic at hand. NO ONE should be even considering F'ing with a crime scene after the fact. It never ends well for those who do. AND IF one had justification for shooting... and they F with the scene... They just increased the odds that they will be paying for their misdeed in changing the scene. Changes will likely be discovered in the investigation. And THAT will only serve to make the shooter appear GUILTY to the Jury. Just stick with their original reason for shooting. Don't change a F'n thing.

 

[RoadDawg]

[sarcasm] I personally keep a throw away gun and ammo that have been run thru an autoclave in a zip lock bag. I will then use gloves and use the dead perps hand to load the mag, touch all over the ammo, mag and gun. Then using their finger will pull the trigger to shot my self in the leg, then will jump back before I bleed to the proper distance [/sarcasm]

I am entirely kidding, dont jump all over me for what is obviously a joke.

Yeah I know... sarcasm.

What are you going to do when the investigator finds YOUR finger prints on the cartridge cases?

 

[scottyfz6]

Yeah I know... sarcasm.

What are you going to do when the investigator finds YOUR finger prints on the cartridge cases?

Its covered by the auto clave. No dna no prints on the gun mag or ammo when it goes in the zip lock baggy

 

[RoadDawg]

Its covered by the auto clave. No dna no prints on the gun mag or ammo when it goes in the zip lock baggy

No matter how one does it, they will F'up somewhere. And when they do... they will be risking 3Hots and aCot for a long time in the room with someone much bigger and badder than them. But hey... if one likes living in a high security "apartment" with someone who will LOVE them everynight... when they otherwise may have gotten the benefit of the doubt from the Jury. Just go ahead and F'with that evidence.

 

[lazarus]

The majority of my handguns are SA/DA, and I promise they are not predatory in any way. Sigs, CZs, even a Ruger revolver in there now, and they all get along just fine.

I don't know, that last Cz75 I handled was predatory to my bank account. It hasn't, YET, caught its prey. But it is for sure stalking my wallet big time.

 

[esqappellate]

This is an excellent video explaining why you should keep your mouth shut. It’s long but well worth the time.

So, a search of the house is pretty standard when a person is arrested for a homicide. You shoot someone you should be expect to be arrested. The cops will let the prosecutor sort it out.

 

[teratos]

So, a search of the house is pretty standard when a person is arrested for a homicide. You shoot someone you should be expect to be arrested. The cops will let the prosecutor sort it out.

I would not have expected an arrest. Would you expect to go to jail, or would the arrest be a formality?