If I catch someone casing, can I hold them?

[KeithPA]

I can't find the link related to use of force, let alone if this would even be considered force, more like use of restraint or unlawful detention.


Story.....

Last night I came home from one of my favorite bars. It was 20 cent wing night, and I can't pass that up (heart beats slower). I'm in my dining room looking at the window because I was on my cell phone. I normally walk around aimlessly when on the phone. I live at one of the corners on a T intersection in our sub division. I see someone walking down the street. He crosses the intersection then takes a right so he is walking along the front of my house on the sidewalk. I'm not really paying attention as I am on the phone, till I notice the person starts walking up the driveway. My house interior/exterior is completely dark, no lights on. So I stand there watching this person knowing he can't see me. He's wearing all black with a black hoodie. He looks at the keypad for the garage door, then goes to the other side at looks over the fence (we have a pool). I hang up my phone and tell my friend I'll call her back. I go over to the garage. Quickly turn on the inside/outside lights for the garage and open the door. I unholster my XD45 I still had on me from when I got back (I was only at the bar eating wings; drinking coke). By the time the door opens the guy is across the street one house down going up the at the intersection looking back at me. I just stood there watching him as he walked away.

I tell my mom what happened last night, and apparantly she had forgotten to tell me that last weekend on a saturday night she was in the florida room smoking and she had heard someone outside on the other side of the fence walking around.

The house across the street was broken into a couple months ago, and someone down the street had their car broken into about a week ago.

So my question.

If I catch this guy casing my house again, can I sneak up on him and hold him at gunpoint?

[dgg9]

Originally Posted by DeltaII5

If I catch this guy casing my house again, can I sneak up on him and hold him at gunpoint?

Only if you relish the prospect of jail.

[KeithPA]

I don't mean for the weekend.... I mean while waiting for the police... as last time this guy turned into an olympic sprinter.

[GunLawyer001]

Pointing a gun at someone is assault, and likely reckless endangerment. The usual defense is "necessity", that you had to commit these lesser crimes to avoid a greater harm, such as deterring imminent physical injury.

There's some ambiguity about the distinction between the "use" of deadly force and the "display" of deadly force. The law is clear about when you can shoot someone, it's not so clear about when you can threaten to shoot someone.

I'd just snap a photo of the weasel next time he shows up. Video would be better, showing him lurking around the property, but you also need a clear photo of his face. Be careful about hidden cameras, though, the laws are complex, and I believe that you get in trouble if you use a camera that records both SOUND and COLOR. Picture-only cameras seem to be OK without notice to the public.

[dmg1969]

From everything you've said, I'd say the person was guilty of trespassing... perhaps attempted burglary depending on what he did. Unless he got in the house, I would call the poice and let them handle it.

Dave G.

[TonyF]

Call the police and file a report.

[KeithPA]

Thanks everyone.

Just looked in the garage to see that the screen on the garage window was lifted up. Didn't think the person had got back there, or maybe it was from last weekend. Next time I'll just call the police when I see the person.

[exceltoexcel]

I think you should call the police NOW. You might be unaware of a recent rape, assault, home invasion or burglary in your area. This also gives you some record so that if you have to pull on him in the future, say he breaks into your home. Call them now and file a report for your own good as well as the good of the community. The police might very well up patrols or keep a better look out when they happen to be in the area. Seriously, its just a matter of time before this guy does break in.

[Pittbug]

I agree with excel. Even if nothing happened to you or your property, someone else may not have been so fortunate that evening. A witness putting him in a certain area at a certain time may help someone else out.

[ar15jules]

I would have hung up the phone and called the police before I unholstered my firearm and went looking for the guy.