busastalker05
Registered
terrible absolutely terrible
Bike Thieves Again!
- Thread starter Spkrdctr
- Start date
Love the Castle Doctrine, in California we don't have that option..however there is a saying out in San Bernardino County. They only find the shallow graves! Having run with the lunatic fringe for many years, some of whom were notorious motorcycle thieves, I know that there is no way that you can stop a determined thief and that they usually strike when you are not home. All you can do is hope to slow them down or make it so difficult that they choose easier targets. Lots of locks, lights, alarms and a good dog usual will deter them. Sorry to hear, it always pains me for three of the worst things to encounter in life is a lush, a red freak or a thief. Get lots of practice with that M&P and if they come back while you are home remember to aim for center mass! I would rather be sued for wrongful death by the perps family than for a lifetime of a thiefs disability.
Uhhhh......not to snag on ya BUT...i would recheck your sources...yes we do have that option as long as it is your home and THERE IS NOT DUTY TO RETREAT...if you own a firearm here you should know this and know the law and its interpretation to its teeth...of course its a little bit more strick within details (your not gonna shoot a percieved perp who decides to bail before entering your property or who has decided he made the wrong decision.....I was involved in an incident in my home two years ago and I didnt hesitate when my family and property were in danger....ball was in my court....re check your info...and the SW MP9 is a great lil gun
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dmrowe
Registered
???
Wow, did you get up on the wrong side of the bed this morning. Not to snag back at you, but being in your house is one thing but going out in your yard and smoking somebody because they are boosting your car or your bike is another. The use of of deadly force is this state must be measured, meaning that you must be in fear of your life. Read CA PC 197 before you go snag people. Generally, the “castle doctrine†provides that someone attacked in his home can use reasonable force, which can include deadly force, to protect his or another's life without any duty to retreat from the attacker. It is defined differently in different states. It doesn't require that you "retreat" from the threat and you can use deadly force in the defense of others even if you are not the resident of premises. California does not have a Castle Doctrine.
CASTLE DOCTRINE AND SELF-DEFENSE
Unfortunately California does not allow you that option. The use of "excessive" force destroys the justification and therefore the defense and I quote: People v. Bates, the defendant and the victim were involved in a "tussle" in the kitchen of the defendant's restaurant. The victim grabbed a knife and stabbed the defendent in the hip. The defendant grabbed a secured knife, and then repeatedly stabbed the victim in the back, killing him. The court stated, "Self-defense may be resorted to in order to repel force, but not to inflict vengence." Although the victim attacked first, the court concluded that there was no reason for the defendant to take the victims life. The court held that "justifiable homicide connotes only the use of force...which reasonably appears to be necessary, to resist the other party's misconduct...[and] the use of excessive force destroys the justification.
http://llr.lls.edu/volumes/v36-issue4/documents/9selfdefense.pdf
In California you better think long and hard before you pull a weapon and your actions don't conform to the legal standard. In California the duty is to use no greater force than is required to repel it and even retreat if necessary. If the DA doesn't choose to prosecute, you will be faced with wrongful death lawsuits and if you have lived in this state long enough you should know that a jury is going to side with the plantiff if the facts are not overwhelmingly in your favor. You even see it with Police shootings, people stepping up to camera saying the cops didn't need to kill him...just because he had a knife, sword or was reaching for something in his pants. Did I do enough homework for you?
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Piscataway Busa
Registered
i concur
OPEN FIRE!!!! If they don't have one throw one out there next to him
If they are after it that badly rest assured that your front door or windows be very little as a deterrent... Bullets an death seem to be the only thing that works serve them up an send them on their way, they will be better off in heaven they can have all the bikes they want..
ROCKSTEADY
Registered
would you like to borrow my security and good friend his name is zeus trained by the best
i
i
ROCKSTEADY
Registered
OPEN FIRE!!!! If they don't have one throw one out there next to him
If they are after it that badly rest assured that your front door or windows be very little as a deterrent... Bullets an death seem to be the only thing that works serve them up an send them on their way, they will be better off in heaven they can have all the bikes they want..
ROCKSTEADY
Registered
zeus i 140 solid he was about 30 pounds at 3 months
dmrowe
Registered
???
Wow, did you get up on the wrong side of the bed this morning. Not to snag back at you, but being in your house is one thing but going out in your yard and smoking somebody because they are boosting your car or your bike is another. The use of of deadly force is this state must be measured, meaning that you must be in fear of your life. Read CA PC 197 before you go snag people. Generally, the “castle doctrine” provides that someone attacked in his home can use reasonable force, which can include deadly force, to protect his or another's life without any duty to retreat from the attacker. It is defined differently in different states. It doesn't require that you "retreat" from the threat and you can use deadly force in the defense of others even if you are not the resident of premises. California does not have a Castle Doctrine.
CASTLE DOCTRINE AND SELF-DEFENSE
Unfortunately California does not allow you that option. The use of "excessive" force destroys the justification and therefore the defense and I quote: People v. Bates, the defendant and the victim were involved in a "tussle" in the kitchen of the defendant's restaurant. The victim grabbed a knife and stabbed the defendent in the hip. The defendant grabbed a secured knife, and then repeatedly stabbed the victim in the back, killing him. The court stated, "Self-defense may be resorted to in order to repel force, but not to inflict vengence." Although the victim attacked first, the court concluded that there was no reason for the defendant to take the victims life. The court held that "justifiable homicide connotes only the use of force...which reasonably appears to be necessary, to resist the other party's misconduct...[and] the use of excessive force destroys the justification.
http://llr.lls.edu/volumes/v36-issue4/documents/9selfdefense.pdf
In California you better think long and hard before you pull a weapon and your actions don't conform to the legal standard. In California the duty is to use no greater force than is required to repel it and even retreat if necessary. If the DA doesn't choose to prosecute, you will be faced with wrongful death lawsuits and if you have lived in this state long enough you should know that a jury is going to side with the plantiff if the facts are not overwhelmingly in your favor. You even see it with Police shootings, people stepping up to camera saying the cops didn't need to kill him...just because he had a knife, sword or was reaching for something in his pants. Did I do enough homework for you?
Ran out of time before I could post some changes. PC 198.5 gives you some latitude in California in regards to retreating and I quote again;
"Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury."
CA Codes (pen:187-199)
I'm done.....for now.
mikejmd
Registered
It is cheaper to buy a new bike (even if you don't have theft coverage)
than to pay for an attorney. I'm sure the attorney fees and other costs would be way more than replacing the motorcycle. Although one may not feel any remorse at this time in one's life, it may be haunting later in life.
than to pay for an attorney. I'm sure the attorney fees and other costs would be way more than replacing the motorcycle. Although one may not feel any remorse at this time in one's life, it may be haunting later in life.
Spkrdctr...crazy isn't it? That we can no longer protect what is ours is beyond crazy...You'd like to beat them within an inch of their miserable life. But now that you got the venom out a little and cooled off...get a game plan going. There was a lot of good advice posted. I have a hundred pound German Shephard...Dobbies, Rotties, and Pitt Bulls all have that presence about them that speaks "it ain't worth it man" attitude. The second thing about a good dog is all of the love you get from them...I tell you straight up man...I wouldn't kill over someone stealing my bike...but I think I could kill if someone killed my dog while trying to steal my bike or hurt my family...cause no one is getting past Max without a huge rucus. In fact, if you have a real problem in your neighborhood...get 2 dogs...relatively speaking they aren't that expensive to keep...criminals hate dogs and generally speaking won't try to get into a house where there are dogs...especially big dogs with nasty attitudes when they "flip out" like one .org member stated. Get some lighting on the garage..put up a fake camera with the blinking red light and a romex cable going into the garage...I know lots of racer guys use the baby monitor thingy in their enclosed trailers while they are in the motels...
You are insured...don't throw your life away because of a moment of insanity on your part to protect an asset that is insured...it is beyond stupid to loose your livelihood, possible prison time...and the jerk or jerk's family owning your butt for the next 20 years...for what? A bike that was insured anyways? It's a messed up world...2hip
You are insured...don't throw your life away because of a moment of insanity on your part to protect an asset that is insured...it is beyond stupid to loose your livelihood, possible prison time...and the jerk or jerk's family owning your butt for the next 20 years...for what? A bike that was insured anyways? It's a messed up world...2hip
aussiekeeper
Registered
Crook 1-"Look at the cute puppy with snow on his nose, go steal something, he wont eat you"
Crook 2- " You're right, he wont eat me, cause im not goin in there"
Busamomingrief
Registered
Busamomingrief
Registered
Thieves suck !!! Always keep the busa protected ... Good luck to ya
???
Wow, did you get up on the wrong side of the bed this morning. Not to snag back at you, but being in your house is one thing but going out in your yard and smoking somebody because they are boosting your car or your bike is another. The use of of deadly force is this state must be measured, meaning that you must be in fear of your life. Read CA PC 197 before you go snag people. Generally, the “castle doctrine” provides that someone attacked in his home can use reasonable force, which can include deadly force, to protect his or another's life without any duty to retreat from the attacker. It is defined differently in different states. It doesn't require that you "retreat" from the threat and you can use deadly force in the defense of others even if you are not the resident of premises. California does not have a Castle Doctrine.
CASTLE DOCTRINE AND SELF-DEFENSE
Unfortunately California does not allow you that option. The use of "excessive" force destroys the justification and therefore the defense and I quote: People v. Bates, the defendant and the victim were involved in a "tussle" in the kitchen of the defendant's restaurant. The victim grabbed a knife and stabbed the defendent in the hip. The defendant grabbed a secured knife, and then repeatedly stabbed the victim in the back, killing him. The court stated, "Self-defense may be resorted to in order to repel force, but not to inflict vengence." Although the victim attacked first, the court concluded that there was no reason for the defendant to take the victims life. The court held that "justifiable homicide connotes only the use of force...which reasonably appears to be necessary, to resist the other party's misconduct...[and] the use of excessive force destroys the justification.
http://llr.lls.edu/volumes/v36-issue4/documents/9selfdefense.pdf
In California you better think long and hard before you pull a weapon and your actions don't conform to the legal standard. In California the duty is to use no greater force than is required to repel it and even retreat if necessary. If the DA doesn't choose to prosecute, you will be faced with wrongful death lawsuits and if you have lived in this state long enough you should know that a jury is going to side with the plantiff if the facts are not overwhelmingly in your favor. You even see it with Police shootings, people stepping up to camera saying the cops didn't need to kill him...just because he had a knife, sword or was reaching for something in his pants. Did I do enough homework for you?
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Ran out of time before I could post some changes. PC 198.5 gives you some latitude in California in regards to retreating and I quote again;
"Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury."
CA Codes (pen:187-199)
I'm done.....for now.
ha...your funny...chill man..we all friends here..My appologies If I sounded too rash in your direction.....I wasnt trying to argue with you just stating fact...my profession involves weapons...so you dont list THE WHOLE case..i ve got extra business card if you want one....If you USE and RPG...against a burgler with a knife yes it will be hard on ya....if the burgler, takes off AS I STATED in my first post, yes you cant just blast him...and your place of domicile includes your yard etc...anyways....have your talk with a local DA....ive dealt with mine...in any state you have a big risk when you use or even own a weapon, no matter what...even in Texas...tons offcases in CA where deadly force has been used with good outcome....Anyways...im done for now
Silly...just a forum.....BUT....in that case...I'll direct perp to your house since he wont have to fear use of a weapon there........hope you got chuck norris there with ya....
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