I’m wondering what is the legality of traps placed in your own home in the US.I’m a victim of crime on a regular basis and the police can’t do anything (usually just giving me a number to give to the insurance company to confirm my stuff was taken).I live in England and know the law prohibits things like gun traps and electrical fences (about 5-6 years ago a man was sued by two would be intruders who were injured on this fence) but doesn’t prohibit things like trip wires with nasty things for intruders to fall on to.
I’m just curious about the law in the US about traps in your home such as the door with a string connected to a 12 guage double barrel shotgun aimed at the door trap are those things legal in the US ?. (assuming you are not at home with your .45 to deter intruders that is)
(I do own a shot gun here in the UK but I can’t use it for home defense)
Look at it like this. You DO have the right to defend yourself using resonable force.
If Joe attacks me and I pull out a gun and shoot him, I would be clear. If Joe attacks me and I knock him out with a punch and he is out cold and THEN I shoot him I am guilty. See the difference.
Once I cold conk Joe he is NO LONGER a threat to me. My right stops there.
Using a trap is premeditated as you INTEND to harm someone. You only have a right to defend yourself.
It is illegal in California and most states, I don’t know of any exceptions. Mr. Starkey has correctly pointed us to another thread where I discussed the reasoning as I was taught in law school during the last millenia.
If you want people to stop breaking in, might I recommend that you get a dog, something like a German Shepard.
Ski, the problem is that it is a tort to hurt someone and it is a tort to falsely imprison someone. That is, they can sue you. Get a dog, get video surveillance.
But a caveat about the dog: you are responsible for damages resulting from their bites without a showing of fault in many states, including California. That being said, rumor has it that nothing is quite as effective at detering criminal activity like a barking dog and a beware of dog sign.
Booby traps are not legal in Texas, and probably not in the US. Most places in the US let you defend yourself. You still can not use excessive force.
Trespass is a minor offense. You can not put landmines in your yard.
A policeman or fireman can enter your house under certain circumstances. Since they are legally entering your house, you are not allowed to harm them, either personally or through traps.
If you could design a trap with enough fail safes, you might get they law amended, but it’s not likely.
Could I dig really deep tiger traps in my yard and camoflage them so they fit in? I could put them under the windows where nobody should be prowling anyway. And no punji sticks, not for now.
Honestly your Honor, I was digging really deep holes to put trees in! I just happened to have accidentally constructed a complex latticework cover and concealed it!
For those of you who are really determined, might I suggest that you permanently cease cleaning and bathing of all types. It’s even more effective than a dog and an alarm. That and they will think you don’t have anything worth ripping off.
Nothing that I know of that prevents warning devices.
That would also include security cameras.
You can buy security systems for about the same price as a good gun.
I’ve never been broken into but if I was I’d sure have one along with some other surprises for the scum.
There was a case (no, no cite or details, I don’t remember where I saw it) I saw on one of those reality/legal/police-type shows about 10 years ago. It involved a warehouse owner who was essentially being terrorized by a small gang of thugs. He first tried barring his doors in a number of ways, and they broke in. Then, he parked an old car in front of the door; they destroyed the car and broke in. Finally, he rigged up a rifle with a tripwire, and the head dude of the gang was killed by it. The guy was facing fairly serious charges, but was appealing to the community that he had no other choice.
From what I heard about California law (where I live… for the moment): You are allowed to use as much force as is necessary to stop an attack. You may use deadly force if you are in immediate fear of your life or of grievous bodily harm. I think the attitude is that if you can run away, then do it. If you can’t, call 911 and hide. Wait for the police. Fortunately in most cases, the District Attorney understands that if someone is in your dwelling he deserves what he gets. But you still run a risk of prosecution if you kill or injure an intruder and he can make a case that you were not in fear of your life or limb. (Especially if you shoot him in the back.)
Note that (my understanding of) the law does not cover property. While I assume you can shoot someone who is in the act of setting your house on fire, I don’t know. What if he’s igniting your car? Same thing? If he’s backing out of your house with your laptop or camera gear and you shoot him in the face, you’re probably in trouble since you were not in immediate peril. So a booby trap would violate the law (even if the law didn’t specifically prohibit them; whuch it does) because you are in no immediate danger.
After reading this thread and the other about tresspassers and theives getting damages awarded to them when they got hurt breaking in, I’ve got a slight tangent to the original question. Where is the line drawn in the law regarding the trap/hurting intruders situation with regards to barbed wired fences or razor wire? The other thread had a reference about some guy who was forced to remove sharp things from around doors and windows; and I’ve seen the fences with broken bottles set upside-down in cement lining the top.
I know it sounds silly a criminal sueing a bicycle shop when he tears his hand open climbing over their barbed wire fence, but I’m sure it’s happened. What would come of something like that?
Its a bit like the UK but in the UK a man cannot be forced to retreat from his castle and his home is his castle , but do anything more than slap an intruder on the wrists and you get sued ( the Cheif of police recommends screaming which would probably lead the intruder to you and stab you to death to shut you up)
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