# Intruder injured by boobytrap in home invasion, homeowner arrested.

**URL:** <https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850>\
**Category:** The BBQ Pit\
**Created:** [November 13, 2005, 3:31pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850 "2005-11-13T15:31:21Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\
**Post date:** [November 14, 2005, 1:16am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/61 "2005-11-14T01:16:07Z")

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> [@lissener](#):
>
> If this homeowner gets away with setting a legal, lethal booby trap for an intruder, how many cases will suddenly pop up of husbands or wives “accidentally” killed by traps that have been made perfectly legal by the precedent set if this guy gets off? To make booby traps a legal way to kill people would have HUGE consequences.

Has anyone argued for legalization of booby traps?

What about those people who shoot intruders coming into their home? Have there been HUGE numbers of cases of people accidentally shooting family members and then claiming they mistook them for an intruder?

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [November 14, 2005, 3:15am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/62 "2005-11-14T03:15:40Z")

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> [@Terrifel](#):
>
> One thing I neglected to ask about in that thread was about the use of specifically \*non-lethal \* traps. I think that electrified fences fall under that category; they’re legal to own because the shock they deliver isn’t considered deadly, although I wouldn’t be surprised if they managed to off someone with atrial fibrillation, or jacked up on cocaine or something. This raises the interesting possibility of rigging one’s house liberally with such non-lethal devices.

I’m not sure, but the court rulings might be interesting. I have a mental image of a giant “have a heart” trap, with Mister Burglar stuck inside with a giant chunk of cheese bait. Would that be legal, or would it be considered unlawful imprisonment?

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**Author:** ![Measure\_for\_Measure](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/measure_for_measure/32/557_2.png) [@Measure\_for\_Measure](https://boards.straightdope.com/u/Measure_for_Measure)\
**Post date:** [November 14, 2005, 3:32am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/63 "2005-11-14T03:32:25Z")

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> [@GusNSpot](#):
>
> _:: I my opinion, if a person who is responsible in fact or by societal norms, for the safety of others and will not defend them, they have a moral obligation to make that clear from the get go so that those they are responsible for can make alternate arrangements if so desired. ::_
> 
> YMMV

Er.

And visa versa, at a minimum.

If (hypothetically) somebody who considers it their responsibility to protect me is a trigger-happy gun nut, I want to know about it, since it may complicate my standard self defense techniques.

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [November 14, 2005, 4:14am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/64 "2005-11-14T04:14:28Z")

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I’m sorry guys, but the homeowner was in the wrong here. Just because the intruder was a scumbag robber doesn’t mean he deserves death for it. It’s slightly excessive. Perhaps he was an idiot for ignoring the sign, but that’s also not a death worthy offense.

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**Author:** ![Jaade](https://avatars.discourse-cdn.com/v4/letter/j/dfb087/32.png) [@Jaade](https://boards.straightdope.com/u/Jaade)\
**Post date:** [November 14, 2005, 4:40am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/65 "2005-11-14T04:40:58Z")

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> [@mhendo](#):
>
> Exactly how many times does it need to be pointed out that defending yourself against intrusion when you are at home is completely different from booby-trapping your house?

In what way did I imply they were identical?

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**Author:** ![Unregistered\_Bull](https://avatars.discourse-cdn.com/v4/letter/u/3da27b/32.png) [@Unregistered\_Bull](https://boards.straightdope.com/u/Unregistered_Bull)\
**Post date:** [November 14, 2005, 4:47am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/66 "2005-11-14T04:47:45Z")

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I don’t feel sorry for the intruder if he was indeed a burglar. Probably wouldn’t even if he got killed, but boobytraps are illegal. And generally for a good reason, they could easily severely injure or kill an innocent. I do wonder if a non-lethal trap like a pepper spray grenade or an animal trap placed inside a likely key hiding space would be illegal?

Some MPSIMS:

I remember working for the Census Bureau in 2000 in a rural area of NM, and I came across one abandoned farm house marked as booby trapped. Spray painted on both garage doors was “Boobytrapped! Nothing here is worth your life!”. I routinely ran into so many seriously pissed off anti-government types on that job, I was glad the ‘boobytrapper’ wasn’t there.

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [November 14, 2005, 5:25am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/67 "2005-11-14T05:25:20Z")

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> [@SteveG1](#):
>
> Are giant mutant wolverines allowed? As far as I know, no laws specifically mention them 😃

> [@adam yax](#):
>
> I’ll take 2.

Fricken’ laser beams cost extra.

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**Author:** ![pool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pool/32/4152_2.png) [@pool](https://boards.straightdope.com/u/pool)\
**Post date:** [November 14, 2005, 5:45am UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/68 "2005-11-14T05:45:29Z")

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I started this thread thinking it was ok to booby-trap your own house. Now I realize that I was seriously in the wrong, some ignorance was erased. But I just can’t help feeling sorry for the owner that it got to the point that he felt he had no other choice than to take the action that he did. Well thems the brakes.

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**Author:** ![BwanaBob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bwanabob/32/2985_2.png) [@BwanaBob](https://boards.straightdope.com/u/BwanaBob)\
**Post date:** [November 14, 2005, 1:15pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/69 "2005-11-14T13:15:23Z")

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> [@SteveG1](#):
>
> I’m not sure, but the court rulings might be interesting. I have a mental image of a giant “have a heart” trap, with Mister Burglar stuck inside with a giant chunk of cheese bait. Would that be legal, or would it be considered unlawful imprisonment?

Maybe you could claim it was a way of restraining the burglar until the police could be notified. While I like the idea, some lawyer (probably ACLU) will determine that the burglar could be a diabetic and could potentially die while in the have-a-heart trap because he didn’t bring his insulin. After all we must protect the rights of “people” to “choose to commit a crime” with absolute safety. :rolleyes:

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**Author:** ![Steve\_MB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steve_mb/32/5339_2.png) [@Steve\_MB](https://boards.straightdope.com/u/Steve_MB)\
**Post date:** [November 14, 2005, 2:59pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/70 "2005-11-14T14:59:46Z")

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> [@mhendo](#):
>
> In such cases, the only question is whether a burglar’s life is worth more than your laptop computer or DVD player

By deciding to burgle in the first place (with its inherent risk), the burglar has answered this question in the negative. Who am I to overrule his judgment?

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [November 14, 2005, 3:13pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/71 "2005-11-14T15:13:33Z")

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> [@BwanaBob](#):
>
> Maybe you could claim it was a way of restraining the burglar until the police could be notified. While I like the idea, some lawyer (probably ACLU) will determine that the burglar could be a diabetic and could potentially die while in the have-a-heart trap because he didn’t bring his insulin. After all we must protect the rights of “people” to “choose to commit a crime” with absolute safety. :rolleyes:

You are probably right. I better go with the big counterweight and board of iron sikes instead. 😃

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [November 14, 2005, 3:14pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/72 "2005-11-14T15:14:51Z")

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> [@SteveG1](#):
>
> You are probably right. I better go with the big counterweight and board of iron sikes instead. 😃

err iron spikes. with nasty barbs on them. and lots of flesh eating bugs. mmmm. yeah.

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**Author:** ![flight](https://avatars.discourse-cdn.com/v4/letter/f/bbce88/32.png) [@flight](https://boards.straightdope.com/u/flight)\
**Post date:** [November 14, 2005, 3:43pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/73 "2005-11-14T15:43:00Z")

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It has been mentioned, but I do not feel resolved yet, how culpable is a homeowner for injuries sustained to a burlglar by a guard dog? Does anyone have access to case law? How about the above sugestion on not just nonlethal, but noninjuring traps that are only meant to detain? Obviously, if they misfired in some way and led to injury there would be culpability, but what if they just managed to hold the person?

Lastly, how are these guys suing? True, there is a criminal penalty for breaking the law in this case, but how do the burglars themselves sue? Is it something along the lines of injuries sustained while the homeowner committed the illegal act? Would it be possible to create legislation that would prevent the burglar from being able to sue for damages even while still holding the homeowner responsible for criminal penalties? That way everyone pays for what they did and no one makes money from an illegal act.

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**Author:** ![kidchameleon](https://avatars.discourse-cdn.com/v4/letter/k/898d66/32.png) [@kidchameleon](https://boards.straightdope.com/u/kidchameleon)\
**Post date:** [November 14, 2005, 3:55pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/74 "2005-11-14T15:55:43Z")

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> [@Jackmannii](#):
>
> Has anyone argued for legalization of booby traps?

Well, as long as no boobies are injured… 😛

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**Author:** ![BluePitbull](https://avatars.discourse-cdn.com/v4/letter/b/e9bcb4/32.png) [@BluePitbull](https://boards.straightdope.com/u/BluePitbull)\
**Post date:** [November 14, 2005, 4:22pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/75 "2005-11-14T16:22:23Z")

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> [@flight](#):
>
> It has been mentioned, but I do not feel resolved yet, how culpable is a homeowner for injuries sustained to a burlglar by a guard dog? Does anyone have access to case law? How about the above sugestion on not just nonlethal, but noninjuring traps that are only meant to detain? Obviously, if they misfired in some way and led to injury there would be culpability, but what if they just managed to hold the person?
> 
> Lastly, how are these guys suing? True, there is a criminal penalty for breaking the law in this case, but how do the burglars themselves sue? Is it something along the lines of injuries sustained while the homeowner committed the illegal act? Would it be possible to create legislation that would prevent the burglar from being able to sue for damages even while still holding the homeowner responsible for criminal penalties? That way everyone pays for what they did and no one makes money from an illegal act.

I like this idea.

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**Author:** ![BMalion](https://avatars.discourse-cdn.com/v4/letter/b/e274bd/32.png) [@BMalion](https://boards.straightdope.com/u/BMalion)\
**Post date:** [November 14, 2005, 5:14pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/76 "2005-11-14T17:14:08Z")

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my home has a sign:

**WARNING!**  
Little Green Man  
With Anal Probe!  
enter at on risk

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**Author:** ![Balle\_M](https://avatars.discourse-cdn.com/v4/letter/b/13edae/32.png) [@Balle\_M](https://boards.straightdope.com/u/Balle_M)\
**Post date:** [November 14, 2005, 5:28pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/77 "2005-11-14T17:28:25Z")

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> [@BluePitbull](#):
>
> I like this idea.

As do I, but it makes way too much sense to ever become law.

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**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\
**Post date:** [November 14, 2005, 6:16pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/78 "2005-11-14T18:16:50Z")

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Booby traps are illegal and a bad idea. Fine. But how about a situation where little Johnny leaves his skate board on the stairs? Is the home owner liable if the burglar breaks his neck? When does a booby trap become a booby trap?

As far as the OP, I would be in favor of a prison term if the UPS man were injured, however the burglar scenario is what jury nullification is all about (IMHO).

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**Author:** ![Tabby\_Cat](https://avatars.discourse-cdn.com/v4/letter/t/6a8cbe/32.png) [@Tabby\_Cat](https://boards.straightdope.com/u/Tabby_Cat)\
**Post date:** [November 14, 2005, 6:19pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/79 "2005-11-14T18:19:51Z")

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This thread disturbs me. How is it that so many of you are willing to appoint yourselves “judge and executor (literally)”? Without even any evidence, proof, fair trial, nothing, and just blow them away? And you think that this is a GOOD thing?

There is a reason why self-defence is a DEFENCE, not a licence to kill. You, as a houseowner who has killed a burglar, MURDERED the burglar, and use “self-defence” to get yourself out of jail. “Self defence” does not give you the RIGHT to shoot to kill, or to appoint yourself judge. It is a DEFENCE from a murder charge.

Killing a burglar without due process is simply murder. It’s wrong. He might be a criminal, he might not. He might have found himself in the wrong house. Or he might be a true burglar. Whichever the case, vigilante justice is not justice.

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [November 14, 2005, 7:04pm UTC](https://boards.straightdope.com/t/intruder-injured-by-boobytrap-in-home-invasion-homeowner-arrested/330850/80 "2005-11-14T19:04:57Z")

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> [@Tabby\_Cat](#):
>
> You, as a houseowner who has killed a burglar, MURDERED the burglar, and use “self-defence” to get yourself out of jail.

Damn straight. Who wants a victory beer?

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