4 ms·

> Texas codifies lethal force in defense of property. Only at night.

bsder 4y ago
No. https://www.dougmurphylaw.com/defense-of-property https://www.dougmurphylaw.com/defense-of-property > Using Force to Regain Your Property In Texas, you may also be justified in using force to pursue and recover your personal property. Penal Code § 9.41 also extends the right to use force in defense of property when: You are unlawfully dispossessed of your land or tangible property; You reasonably believe that force is immediately necessary in fresh pursuit to reenter the land or recover your property; and The other person had no right to the property and/or acquired such property using force, threat, or fraud. In simpler terms, you may be justified in using immediate force to regain control of property that was unlawfully taken from you. However, this use of force must be in “fresh pursuit” of the property, meaning that no significant time has elapsed since the theft or trespass.
- sacnoradhq 4y ago
  IANAL, but this doctrine seems inherently problematic and fraught with legal hazards to the would-be pursuer. Civil suits at a minimum. It's wiser to call authorities. Unless you live in Austin, where most nonviolent crimes are essentially ignored.
  - bsder 4y ago
    It's going to be problematic for almost everything except a vehicle. A vehicle is registered with the state and has multiple identifying marks. Is it wiser to call the authorities? No question. There is no fucking way I'm going to personally go tangle with someone who is likely part of a criminal group, thank you very much. I suspect a "Hi, I'm so and so. I reported my car stolen and the tracker has it marked at <place X>. I'm about to go reclaim it using Penal Code 9.41--I should be there in an hour. Would you folks like to escort me?" would have been more effective. The fact that a shootout is about to occur tends to get the police to move even when stolen property won't.

No. https://www.dougmurphylaw.com/defense-of-property https://www.dougmurphylaw.com/defense-of-property > Using Force to Regain Your Property In Texas, you may also be justified in using force to pursue and recover your personal property. Penal Code § 9.41 also extends the right to use force in defense of property when: You are unlawfully dispossessed of your land or tangible property; You reasonably believe that force is immediately necessary in fresh pursuit to reenter the land or recover your property; and The other person had no right to the property and/or acquired such property using force, threat, or fraud. In simpler terms, you may be justified in using immediate force to regain control of property that was unlawfully taken from you. However, this use of force must be in “fresh pursuit” of the property, meaning that no significant time has elapsed since the theft or trespass.

sacnoradhq 4y ago
IANAL, but this doctrine seems inherently problematic and fraught with legal hazards to the would-be pursuer. Civil suits at a minimum. It's wiser to call authorities. Unless you live in Austin, where most nonviolent crimes are essentially ignored.
- bsder 4y ago
  It's going to be problematic for almost everything except a vehicle. A vehicle is registered with the state and has multiple identifying marks. Is it wiser to call the authorities? No question. There is no fucking way I'm going to personally go tangle with someone who is likely part of a criminal group, thank you very much. I suspect a "Hi, I'm so and so. I reported my car stolen and the tracker has it marked at <place X>. I'm about to go reclaim it using Penal Code 9.41--I should be there in an hour. Would you folks like to escort me?" would have been more effective. The fact that a shootout is about to occur tends to get the police to move even when stolen property won't.