Re: theft control

Posted by Billy NY on July 18, 2007 at 21:34:36 from (205.188.117.71):

In Reply to: theft control posted by Lanse on July 18, 2007 at 12:14:18:

This category revolving around tresspassers, thieves and other assorted idiots, does require reading up on the laws in ones state.

It's an irratating nuisance, thieves and others, you just don't have a clue what you are dealing with today, and by the time law enforcement arrives you may find yourself dead or seriously injured. Best defense is not to be there, and to get the law to handle it, but sometimes things happen too quickly.

A good friend who is approaching 20 years with the NYS police literally had a crackhead show up in his yard, in a vehicle, scoping things out, did not respond to his questions and tried to make a break for it, damaging 2 vehicles, was off hours he was on a dirtbike having some fun at the time and apparently had chased him across the county, apprehended him and they guy did close to a year for it. Can you imagine finding a clown like this in your yard, not responding to your questions, then running off damaging your vehicles right in front of you and you wear a uniform ? This was in my neighborhood, things sure have changed.

I read some excerpts from some of the state penal laws dealing with things like this and still have a difficult time interpreting what you can do legally in matters such as these. By no means would I encourage confrontation or any kind of altercation, but I've had a few people test me at times.

Rare occurances, but things do happen I've had a few here that could have been real nasty, and I'll not hesitate to deal with things harshly if cornered, came close once or twice. If it means self defense, I'll do it without any hesitation, people do think I'm a bit crazed, and that's fine, it makes em think twice about coming up on this hill, tresspassing or stealing. I have kept good repoire with the local state police in regards to these matters, I do what I can to help them, but would rely on them if at any time things had the potential to get out of control, so I don't bother em unless it's really necessary, which has not happened yet. When I worked away for years, people took advantage of it, I came home and straightened things out, made a presence here known again.

Reading material below, which does not empower one to be a vigilante, but surprising language contained within this section, I found it interesting to say the least !

NY Law states:
"6. A person may, pursuant to the ensuing provisions of this article, use physical force upon another person in defense of
himself or a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property, or inorder to
effect an arrest or prevent an escape from custody."
NY Penal Law 35.10(6) http://assembly.state.ny.us/leg/?cl=82&a=12

Penal Law, sec. 35.30, titled "Justification; use of physical force in making an arrest or in preventing an escape", provides:
NY Penal Law section 35.30(4) states:
"4. A private person acting on his own account may use physical force, other than deadly physical force, upon another
person when and to the extent that he reasonably believes such tobe necessary to effect an arrest or to prevent the escape from
custody of a person whom he reasonably believes to have committed an offense [in his presence, see CPL Article 140] and who in
fact has committed such offense; and [after giving due notice of the grounds for the arrest] he may use deadly physical force for
such purpose when he reasonably believes such to be necessary to:(a) Defend himself or a third person from what he reasonably
believes to be the use or imminent use of deadly physical force."

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