Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > Calguns LEOs
Register FAQ Members List Calendar Mark Forums Read

Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-24-2018, 4:57 PM
redcliff's Avatar
redcliff redcliff is offline
Calguns Addict
 
Join Date: Feb 2008
Location: Shasta County
Posts: 5,313
iTrader: 7 / 100%
Default Examples of initial "necessary force"?

We had this situation come up recently. A friend of mine had a transient tweaker go through the gate into her private backyard and down to her landing alongside the river. My friend was alerted to this by her dog barking and asked the transient to leave her private property (it is fenced on 3 sides with a steep rip-rap bank and stairs down to the landing above the river, with the waterline being the back boundary of the property).

The transient refused to leave and got into a verbal argument shouting that he could stay there as long as he liked. Other nearby neighbors gathered and tried unsuccessfully to verbally convince the transient to leave. After several calls by my friend and neighbors and about an hour,the local PD decided that they would show up afterall, convinced the transient to leave with the threat of force and then they arrested him for outstanding warrants.

It appears that "using no more force than is reasonably necessary" is the standard for what a homeowner can use to remove a trespasser and that force can escalate if needed depending upon the trespassers response.

If the situation were to repeat must she physicaly approach the trespasser and take his arm to try to physicaly remove him, or can she use something like a garden hose or even pepper spray to persuade him to leave? Would her carrying a shotgun (or even a baseball bat) in her own backyard constitue brandishing? Any suggestions on a reasonable initial course of action would be appreciated. She doesn't want to hurt anyone but she also doesn't want low life transient drug users to camp out in her back yard either.
__________________
"You keep using that word. I do not think it means what you think it means."
"What we get away with isn't usually the same as what's good for us"
"An extended slide stop is the second most useless part you can put on a 1911"

"While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also,
although I suppose there are a few tanks which I owe an apology to for that remark"
Reply With Quote
  #2  
Old 07-25-2018, 1:02 AM
target_shot's Avatar
target_shot target_shot is offline
Member
 
Join Date: Jul 2015
Posts: 411
iTrader: 3 / 100%
Default

Quote:
Originally Posted by redcliff View Post
We had this situation come up recently. A friend of mine had a transient tweaker go through the gate into her private backyard and down to her landing alongside the river. My friend was alerted to this by her dog barking and asked the transient to leave her private property (it is fenced on 3 sides with a steep rip-rap bank and stairs down to the landing above the river, with the waterline being the back boundary of the property).

The transient refused to leave and got into a verbal argument shouting that he could stay there as long as he liked. Other nearby neighbors gathered and tried unsuccessfully to verbally convince the transient to leave. After several calls by my friend and neighbors and about an hour,the local PD decided that they would show up afterall, convinced the transient to leave with the threat of force and then they arrested him for outstanding warrants.

It appears that "using no more force than is reasonably necessary" is the standard for what a homeowner can use to remove a trespasser and that force can escalate if needed depending upon the trespassers response.

If the situation were to repeat must she physicaly approach the trespasser and take his arm to try to physicaly remove him, or can she use something like a garden hose or even pepper spray to persuade him to leave? Would her carrying a shotgun (or even a baseball bat) in her own backyard constitue brandishing? Any suggestions on a reasonable initial course of action would be appreciated. She doesn't want to hurt anyone but she also doesn't want low life transient drug users to camp out in her back yard either.
*I am not a lawyer, none of this is legal advice, just opinion*

Understandable.

The best option, even though I can tell that you won't like it, it to call the PD. If she starts damaging property, or becoming physically aggressive, it becomes a different story.

If she is simply sitting in your friend's backyard, tell your friend to go back inside, and call police. Simply put, we have wider latitude for using force. Is the hour delay worth civil court if she *somehow* gets a lawyer that wants your house?

You can find the definition for brandishing under 417 PC - Apply that definition to whatever situation you may think up.
__________________
NRA Life Member
Glock Armorer
Reply With Quote
  #3  
Old 07-25-2018, 6:13 AM
CinnamonBear723 CinnamonBear723 is offline
Senior Member
 
Join Date: Dec 2011
Location: Orange County
Posts: 1,760
iTrader: 5 / 100%
Default

Way too much room for error and liability to answer a question like this. Use your best judgement and really pay attention to whether the impostor is a threat to the safety of people not property.
Reply With Quote
  #4  
Old 08-28-2018, 9:55 PM
Mickael81's Avatar
Mickael81 Mickael81 is offline
Senior Member
 
Join Date: Dec 2010
Location: Inland Empire
Posts: 510
iTrader: 19 / 100%
Default

Unleash a pack of Dobermans on the transient.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 8:34 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.