My fiance's sister is being stalked/harrased by a potentially violent kid

+1

And a LOT of it will get the OP killed or locked up.

Putting up a sign warning that "nothing in the house is worth your life" is a good way for the prosecution to show premeditation.
It's cute and funny in the quiet suburbs... and dangerous if it actually happens.

Bingo.

And even in a state with a permissive castle doctrine line Texas, it is extremely unwise to depend on that to get you out of a potentially "bad shoot"
Everything needs to be VERY clear and plan to you, and to the investigating officer.
If you shoot, expect to spend the night in jail.
You may not be taken in, or you may be booked and released on your O.R. and the DA may refuse to file charges, but this is not something to take lightly.


Bottom line... If you are in immediate fear for your life or the life of something with you, take ALL measures needed to stop the threat.
It's better to be alive and in legal trouble than it is to be dead and "safe".

 

LOL!!!!!!!

 

i have

 

My last ADJ professor told us that if there's a shooting, and someone gets shot/killed, you can pretty much be guaranteed at least a night in jail, at least until your attorney can do his job...

 

Ummm Rich? That's a whip. We's tawkin cattle and hawsies, cowboy!

 

Whats the restraining order say? If he's not allowed on the property, call the cops if he comes over. If he's not there, a warrant will be written for his arrest. Stalking in CO is a felony, but I don't know what it is there in MN.

Call the local PD and ask for advice, look over the restraining and see what it says. If he comes in the house, he's yours, if he's just on property, not too much you can do except call in a trespass and restraining order violation.

 

Hey,

I agree with those that tell you set up the trail cams stay in the house he shows you call police let them handle it. If he actively tries to enter the home ensure you have someone on the phone with 911. If the phone is on speaker they will hear / tape you as you warn him to leave you are armed etc etc. Then if you have to use physical force / deadly force once he is inside then atleast you have something for a grand jury hearing to show you had no intention of causing injury or death to him. As near I can tell MN does not have Castle Doctrine yet See http://freethoughtblogs.com/xblog/2012/03/05/minnesota-governor-vetoes-castle-doctrine-bill/ .
Regardless of that https://www.revisor.leg.state.mn.us/statutes/?id=609.065
"
609.065 JUSTIFIABLE TAKING OF LIFE.

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode. "

Note it states in the end "Actor's place of Abode" you would have to live there to use this to justify deadly force. Though, even if you lived there you would still be sued for wrongful death or medical costs if you did injure him in anyway. These situations suck to deal with all the way around the victim the most the local leo's want to help when they know the person is unbalanced but their hands are tied till he does something . Though with a restraining order in place it does make it easier for them to arrest him on the spot if he has broken the distance stated on the order.

All of the above is just an opinion speak with your local Leo's to get clarification and or see what can or can't be done realize they probably will only tell you to call them.

Cypher

 

Sooooo what you're saying is, wake the sister up, have her shoot him. Done.

 

Okay because anything I say is pretty much nonsense, I'm gonna ask more LEO's here what they think. No disrespect to you, Kodiak (you actually gave me the idea)... just that laws are different in different states and such.

 

That's pretty much how it is here in California Cypher, except we do not have the "actor's place of abode" clause.
We can be just as justified walking down the street as at home.

Use of deadly force to prevent a felony can be a pretty weak argument if that is the ONLY goal, unless said felony is a violent felony against another person.

On the "actor's place of abode", it could go either way depending on the reading.
If one is staying with another person because of a reasonable fear, then it could be argued that it is a temporary place of abode... just as a hotel room or camp site is considered a temporary residence for the same purposes.

OTOH, it could be argued that since the reasonable threat is known to all parties NOW, that you should have made arrangements for her to stay somewhere else.
However, it is impractical not knowing how long the bogey is going to be free, and one can not be expected to live in hiding for an indefinite period.

Personally, I would be comfortable staying with her temporarily and doing what needs to be done.

Hopefully, nothing more needs to be done than to have her call 911 while you tell him to GTFO.
Nobody wants to see anyone get shot.

 

.
Use an "animal catch-pole" on his azz ... I know a guy who caught a burglar (around the neck) with one and he never got away either ...

Catch pole --> http://www.animal-traps.com/catch-poles.html
.

 

Regardless if you are right or wrong, if you pull the trigger, you will be going to jail.
At least until it is sorted out.

 

Indeed they are

For example, a police officer from WY can pursue a driver into CO and arrest, but we can't pursue into WY and arrest.

 

That is freaking hilarious!! I would of loved to seen that.

 

^^This!

 

Ya... like I said, the whole "felony" thing makes for a weak defense since robbery is a felony, but may not combine with a deadly threat. Likewise property damage or theft over $1000 is a felony, and of course, you can't shoot someone breaking into your neighbor's home.

I would certainly not rely on the clause as my sole defense, and I'm sure the legislative intent is to cover a situation such as walking in on an assault or rape.

 

Taze the bastard, tie him up, and get the cops on scene asap. Thats what i would do anyway. no one would get 'hurt' and problem solved! Just my 2 cents

 

Tazer or stun gun?

Tell ya what....

I've never been hit by a tazer and don't plan on it, but for $20 I'll let you hit me with any commercial stun gun made.
It might piss me off, but if I'm intent on hurting someone, it's only going to piss me off.

Pepper, real tazer, or a gun are the only items that are effective.

Real tazer is a crap shoot... they are not easy to aim, not effective at longer ranges, and you only get ONE shot.
If a person is within "tazer range", he is at a range where he is already a deadly threat with a knife. If you miss with the tazer, you won't get a chance to draw your gun.



Again... Police are trained in methods of control and restraint, and less-lethal force.
We are not.
Police do not EVER use less-lethal methods unless they have backup that is armed and ready with fully lethal equipment.

 

police tazers have a point-blank stun option IIRC

but that's besides the point

 

False imprisonment may go along with this, unless was tased in self defense.

Rich is right, we always have lethal cover, and we don't bring tasers to knife fights...

And is right, they have a drive stun option once the cartridge has been deployed.