Re: Citizens arrest / fleeing felon
While being a huge proponent of the Peelian principles, theres is a clear stop line to me. Unless society/law shields my ass 110% legally and medically if needed, I am not inserting myself into any situations, when lives are not in jeopardy beyond reasonable doubt. Passively fleeing felon? Adios; catch you later, alligator.
Re: Citizens arrest / fleeing felon
Quote:
Originally Posted by
markshere2
if you are threatened in your home, you can shoot to protect yourself.
But this thread was about fleeing.... not being threatened.
In PA, you don't need to be threatened in your home to use deadly force. If a person forcefully and unlawfully enters your home, you do not need to flee or retreat or even feel threatened to use force, even deadly force. That's the entire point of the PA's Castle Doctrine.
Re: Citizens arrest / fleeing felon
Quote:
Originally Posted by
Walleye Hunter
Yes office (after I contact my lawyer) it was dark, I could hardly see anything except that the guy was moving fast, I thought he was coming my way, I couldn't tell he was going the other way. I was confined in my house, I was really scared.
The correct reply in ANY communication with the police is always, "I will be more than happy to answer your questions once my attorney is present" then shut up. You are NEVER required to answer questions, no matter how mundane the question.
Re: Citizens arrest / fleeing felon
Quote:
Originally Posted by
WCMG
In PA, you don't need to be threatened in your home to use deadly force. If a person forcefully and unlawfully enters your home, you do not need to flee or retreat or even feel threatened to use force, even deadly force. That's the entire point of the PA's Castle Doctrine.
While you are correct, there are some interesting caveats to this doctrine, like not being involved in a criminal enterprise at your home.
http://www.mcall.com/news/nationworl...209-story.html
Quote:
Police say Murray told authorities that he shot Gardner after he kicked in the door of his Cecil Township trailer and assaulted him.
While investigating the death, police uncovered a large marijuana growing operation at Murray's residence.
https://observer-reporter.com/news/l...318cd5a71.html
Quote:
A Cecil Township man was sentenced to two to five years in prison after he pleaded guilty to charges of involuntary manslaughter and manufacture of a controlled substance stemming from the fatal shooting of a Washington man last year.
David W. Murray, 54, pleaded guilty Monday before Washington County Judge Michael J. Lucas in a deal between prosecutors and Gary Graminski, Murray’s attorney.
Cecil police said Murray shot Nathaniel K. Gardner, 52, with a .38-caliber handgun in the kitchen of Murray’s home on Adams Street. Police said Murray told them he was watching TV on the night of Nov. 25, 2016, when he heard pounding on a door. Murray said he retrieved the gun from a bedroom and rushed at Gardner, who was unarmed, when the intruder kicked in the door. Police said Murray shot Gardner once in the chest.
Re: Citizens arrest / fleeing felon
Quote:
Originally Posted by
Gun
I wouldn't quite define "someone who is committing a criminal act is not covered under the castle doctrine" as a caveat, to me that's just a well-written law. :cool:
Re: Citizens arrest / fleeing felon
Not my monkey, not my circus.
Re: Citizens arrest / fleeing felon
Quote:
Originally Posted by
Metz
While being a huge proponent of the Peelian principles, theres is a clear stop line to me. Unless society/law shields my ass 110% legally and medically if needed, I am not inserting myself into any situations, when lives are not in jeopardy beyond reasonable doubt. Passively fleeing felon? Adios; catch you later, alligator.
That is how we ended up with police.
Before that, we only had an elected sheriff, a couple of his appointed deputies - and WE would be responsible for arresting criminals, then handing them over to the sheriff/deputies.
But since most of society decided they didn't want to get involved for some reason or another, the need for police became apparent.
If/when you ask why we have police, or have the abusive police in situations, your reply above is why.
Re: Citizens arrest / fleeing felon
Quote:
Originally Posted by
gnbrotz
So the invader was "fleeing", but also "in the house" still?
Yes. When the neighbor came in with the gun he turned tail and headed for the door. The neighbor, seeing the woman, who was beaten severely, and looked dead, shot the intruder.
Re: Citizens arrest / fleeing felon
Quote:
Originally Posted by
Gun
My opinion is that this guy had a public defender, who just had him plead.
Re: Citizens arrest / fleeing felon
I'm not a lawyer but I think if you shoot someone who is running away you are absolutely going to jail.