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  1. #1
    patoz is offline Rookie
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    Home Invasion Question

    I have a CCW and considering the new laws in Florida, if I catch a perp in my home or trying to get into my home and I am holding him/her at gun point, can I legally, physically restrain this person by means of handcuffs, flexcuffs, rope, wire, etc. while I call Law Enforcement help?
    Last edited by patoz; 11-20-06 at 05:00 AM.

  2. #2
    bayern's Avatar
    bayern is offline Officer First Class
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    Sure you can, hog tie him to the bed post if you have to, however, a well placed shot between the eyes will make sure he stays and you can get the new carpet your wife always wanted.

  3. #3
    Pedro56's Avatar
    Pedro56 is offline Englewood Ranger/Infidel Extraordinaire
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    I was thinking along the same lines. He might not do too many more home invasions after he has been properly leaded from my full magazine.
    http://www.lawenforcementforums.com/forums/signaturepics/sigpic763_2.gif

    "I am the guy that keeps Mister Dead in his pocket." -'Mad' Max Rockatansky

    "An Englewood Ranger is no stranger to Danger.." -Unk

    Good Night Chesty Where Ever You Are.

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  4. #4
    Just KC's Avatar
    Just KC is offline Who?......Me?
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    Quote Originally Posted by bayern View Post
    Sure you can, hog tie him to the bed post if you have to, however, a well placed shot between the eyes will make sure he stays and you can get the new carpet your wife always wanted.

    **********************
    ~Karie

    "I used to care
    but now I take a pill for that"

  5. #5
    121Traffic's Avatar
    121Traffic is offline Just Us
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    bayern that is some funny shit.

    To the original poster, yes. In that situation, you would basically be conducting a citizen's arrest, where you are detaining an individual for law enforcement based on your observation of a felony being committed.
    "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

  6. #6
    Piggybank Cop's Avatar
    Piggybank Cop is offline Nobody important.
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    Do a google search:

    Castle Doctrine Florida


    Good stuff.
    We are the thin blue line
    between you
    and all the money in the world.

    And no you can't have any.

  7. #7
    Coloradocop's Avatar
    Coloradocop is offline It's the PoPo
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    Cap the bad guy, set the gun down, call the police... You'd be covered around here (CO) with the so-called "make my day" law, though I think there is still a 95% or greater chance that you would initially have your gun taken, and may be booked for "investigation of 1st degree murder" until things were sorted out.

    Still, I've never worked one of these type of calls myself... just guessing based on the way other shootings have been handled, and the verbage of CRS 18-1-704.5, which covers the legality of using deadly physical force against an intruder. Additionally, your state may differ from my state in this regard.

  8. #8
    armygrnt502's Avatar
    armygrnt502 is offline Making my streets safer, one day at a time
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    In KY, you would be justified and after an investigation, would be cleared of any charges. In fact, legislation has just passed that extends your "property" to not only your house, but your outbuildings and your vehicle as well.

    Dont shoot them in the back as they are running away from you, looks tacky and makes us ask you harder questions.
    "Sometimes people need a little help. Sometimes people need to be forgiven. And sometimes they need to go to jail."


  9. #9
    TXCOP's Avatar
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    Quote Originally Posted by armygrnt502 View Post
    In KY, you would be justified and after an investigation, would be cleared of any charges. In fact, legislation has just passed that extends your "property" to not only your house, but your outbuildings and your vehicle as well.

    Dont shoot them in the back as they are running away from you, looks tacky and makes us ask you harder questions.
    Actually, those Hoptown (Clarksville too for that matter) get away with from funky shit, dude.
    "Somewhere a True Believer is training to kill you.
    He is training with minimum food or water, in austere conditions, day and night.
    The only thing clean on him is his weapon.
    He doesn't worry about what workout to do---his rucksack weighs what it weighs, and he runs until the enemy stops chasing him.
    The True Believer doesn't care "how hard it is"; he knows he either wins or he dies.
    He doesn't go home at 1700; he is home.
    He knows only the Cause.
    Now, who wants to quit?"

    "I am only one, but I am one. I can not do everything, but I can do something. And because I can not do everything I will not refuse to do the something that I can do. What I can do I should do. And what I should do, by the Grace of God, I will do."

    Edward Everett Hale

 

 

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