So a guy just walks in to my apartment

[Seaslug]

Don't want to turn this into a citizens arrest thread, but the law says you "may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest", but not deadly force. 39-11-621. So the question becomes would handcuffing be reasonably necessary?

All that being said, I'm not sure I would have tried to detain the guy in this situation, restrained or not..

Like others have said previously, I'd obviously like to minimize contact between myself and an intruder, but since I'm also not going to pull the trigger if he tries to flee, my only true options for detention are physical restraint and cuffing. The question then becomes, do I want to keep my distance at the risk of him returning later angry and/or better-prepared?

[Guest Jamie]

I could have never shot him, and I think you would be in the wrong to shoot an unarmed man for opening an unlocked door.

You do know that it can still be considered Breaking and Entering/Forceable Entry, even though the door wasn't locked?

Also, there's know way of knowing whether or not the fellow was armed without detaining and searching him. Or shooting him and searching the body.

So, all the OP knows for sure is that there was no weapon that could be seen from where he was standing.

BTW... I know some folks that if you were to walk in and find them standing in the middle of your living room, uninvited... you'd probably shoot, unarmed or not. ( And I seriously doubt anybody would blame you for it. )

J.

[Guest Gun Geek]

If you would have been wearing the "Three wolf moon" shirt. Just the pure awesomeness radiating from your domicile would have kept him from coming in.

On a serious note, good job on not pulling the trigger I think you handled it well.

[G27]

If you would have been wearing the "Three wolf moon" shirt. Just the pure awesomeness radiating from your domicile would have kept him from coming in.

I've considered buying one and leaving it draped over a chair when we leave the house.

[Guest SUNTZU]

I've considered buying one and leaving it draped over a chair when we leave the house.

Better be a well made chair. I had to reinforce the wall with steel columns when I hung the Wolfpack Knife.

[BigPoppa]

If they are inside your home you have a right to gun them down no questions asked.

Wow.

[Guest Drewsett]

If they are inside your home you have a right to gun them down no questions asked.

Wow.

My thoughts exactly. I don't remember there being a right to kill in the Constitution anywhere.

[Kelemvor]

I had a random guy come into my house with a bottle of champagne on New Years. I was carrying at the time. Luckily, he was like, "Hey, I'm here for -----'s party." And we were all like, "Who?" and he was like, "Oh, sorry, I must be at the wrong house." and he left.

[BigPoppa]

I had a random guy come into my house with a bottle of champagne on New Years. I was carrying at the time. Luckily, he was like, "Hey, I'm here for -----'s party." And we were all like, "Who?" and he was like, "Oh, sorry, I must be at the wrong house." and he left.

Well, according to some of the apparent bloodlust in this thread, and others recently, you shoulda just "dusted" the guy or "emptied three mags into him" and when the cops came they would have high-fived you and stayed for Dick Clark's New Years' Rockin' Eve !!

[Warbird]

Wow.

Yeah I gotta agree WOW!.. Especially in an apartment it could be easy to accidentally walk into the wrong place. Keep the gun at a ready position and finger off the trigger with your eyes on his hands and his eyes in the periphery.

Know mannerisms, and behavioral indicators of thugs. Just because it might be legal and I'm not saying this would be, doesn't make it right. This is a razor thin line and the reason to not only get good training up front, but to continue getting good training.

[Guest jackdm3]

That's what I said, but apparently people love the smell of my stomped-out-guts.

[BigPoppa]

Just because it might be legal and I'm not saying this would be, doesn't make it right. This is a razor thin line and the reason to not only get good training up front, but to continue getting good training.

Are you a SafetySouth alumni ?

I ask 'cuz one of my most favoritest things in the world to tell HCP classes is "Just because you can, doesn't always mean you should"

And of course................a big + 1 to quality training.

[Guest Swamprunner]

Here's a winner of a story.

Years ago, my wife and I were just married and living in a small town in Northern Michigan. We rented an apartment which was the third floor of an neat old house overlooking Lake Michigan. This one night, I was in the living room watching the tube, when my landlord walks in, goes to the fridge, grabs a beer and sits down in the chair across from me and lights a smoke. The wife is in the crapper doing who knows what.

So, I'm thinkin' what the heck is goin' on here??!! My landlord is just sitting there drinking my beer and watching the TV. This goes on for a few minutes, and finally he asks, "hey, where is everybody else"? I say "what do you mean"? He says "well, I'm here for the party". And I say, "well there's no party here". So the dude gets up and walks out. Not even a by your leave.

Wifey comes outta the can and I tell her what happened, and she doesn't believe me. So I'm thinkin' crap, does this guy come over while I'm at work? So I ask the wife what the deal is, and the sh** was on. Our first blow out.

Next day his wife calls my wife, and apologizes for her husband, saying he had a snoot full and went in to the wrong apartment. So now my wife is paranoid. The whole time I'm at work or outta town, she's walkin' around with a 1911 in the apartment. We move shortly thereafter. Weird.

[Guest tnvolfan]

Wow Wrangler -- I think you did great! I don't think I would have changed anything. Even if this guy wasn't armed, you don't know anything about him or his circumstances. You have to suspect that he means trouble. I also don't believe that he didn't understand ANY English. I believe that was a likely story. He's very lucky he didn't get shot.

I do have a question for the readers: is the TN "castle law" sexually biased? What if you were a woman, and an intruder, who is unarmed, proceeds to come at you for the purpose of assault or worse, rape?

I am a woman, and if a man or woman enters my home, uninvited, even if they are unarmed, I HAVE to assume they are up to no good. Most men can overcome a woman in a physical struggle, but it is NOT FAIR if the law would allow a woman to shoot an intruder and not give a man the SAME RIGHT to protect himself and his property. I really do think you did the right thing because common sense tells you that this guy was doing something wrong: he didn't knock and he didn't announce himself. This is a universal, international courtesy, and I think you stopped a robbery or something worse. That's still pretty early in the day -- he might have been looking for a latch-key child or a woman alone.

You didn't say if you had notified the apartment management. Your neighbors need to know this happened to you -- it could also happen to them. You also might find out if there is a Spanish work crew at the apt. complex -- either way, the mgmt. needs to know this happened.

Sorry if you think my analysis is paranoid. Maybe I watch too much news!

[Fallguy]

There is no mention of gender in the self-defense law.

[Wrangler]

Wow Wrangler -- I think you did great! I don't think I would have changed anything. Even if this guy wasn't armed, you don't know anything about him or his circumstances. You have to suspect that he means trouble. I also don't believe that he didn't understand ANY English. I believe that was a likely story. He's very lucky he didn't get shot.

I do have a question for the readers: is the TN "castle law" sexually biased? What if you were a woman, and an intruder, who is unarmed, proceeds to come at you for the purpose of assault or worse, rape?

I am a woman, and if a man or woman enters my home, uninvited, even if they are unarmed, I HAVE to assume they are up to no good. Most men can overcome a woman in a physical struggle, but it is NOT FAIR if the law would allow a woman to shoot an intruder and not give a man the SAME RIGHT to protect himself and his property. I really do think you did the right thing because common sense tells you that this guy was doing something wrong: he didn't knock and he didn't announce himself. This is a universal, international courtesy, and I think you stopped a robbery or something worse. That's still pretty early in the day -- he might have been looking for a latch-key child or a woman alone.

You didn't say if you had notified the apartment management. Your neighbors need to know this happened to you -- it could also happen to them. You also might find out if there is a Spanish work crew at the apt. complex -- either way, the mgmt. needs to know this happened.

Sorry if you think my analysis is paranoid. Maybe I watch too much news!

Thanks. I did notify the management and my neighbors. The management informed me that there was a crew working but on the other side of the complex. That side is about a quarter mile away. They apologized and they promised me it wouldn't happen again. We shall see.

Edited February 13, 2010 by Wrangler
spelling

[Guest jackdm3]

How do they know it won't happen again?

[Fallguy]

How do they know it won't happen again?

Either the work is done, the guy has been let go or they just said it to be appeasing.

[Wrangler]

How do they know it won't happen again?

Just what I was thinking. I wish I would have asked "can I get that in writing?"

[Guest jackdm3]

:wall::wall::wall::wall::wall:

:wall:Where's the nearest brick wall?

:wall::wall::wall::wall::wall::wall:

What the hell's wrong with the smilies today!

Edited February 13, 2010 by jackdm3

[Guest mikedwood]

Humm I had the same thing happen to me about a year ago. I came home to eat lunch and Didn't lock the door cause it was noon and I was going to be in and out.

I was standing in the kitchen eating my PBJ sammich and this Mexican walks in and sees me and just stands there giving me the dumbest look.

I pointed my sammich at the door and he kept staring then I told him to "Get the f$%^ out" and he seemed to know that much english cause he left. I wasn't on point enough I guess cause it was around noon and he was with a crew a couple of doors down doing some work. I think he just got mixed up.

I had forgotten about it till I read this thread. Now I'm wondering if he was going to try and steal some stuff if no one was home.

[Kelemvor]

Humm I had the same thing happen to me about a year ago. I came home to eat lunch and Didn't lock the door cause it was noon and I was going to be in and out.

I was standing in the kitchen eating my PBJ sammich and this Mexican walks in and sees me and just stands there giving me the dumbest look.

I pointed my sammich at the door and he kept staring then I told him to "Get the f$%^ out" and he seemed to know that much english cause he left. I wasn't on point enough I guess cause it was around noon and he was with a crew a couple of doors down doing some work. I think he just got mixed up.

I had forgotten about it till I read this thread. Now I'm wondering if he was going to try and steal some stuff if no one was home.

Best mental image ever.

[G27]

Best mental image ever.

Yah, that made me el-oh-el.