Someone broke into my backyard

This is a discussion on Someone broke into my backyard within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was driving passed my house this morning with the Wife and noticed that someone Graffitti'd the outside of my fence. As I drove away ...

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Thread: Someone broke into my backyard

  1. #1
    Member Array 9mmMick's Avatar
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    Someone broke into my backyard

    I was driving passed my house this morning with the Wife and noticed that someone Graffitti'd the outside of my fence.
    As I drove away angry, I thought that I would just call the city when I returned home.
    When I got home, my Wife noticed that the Backyard fence door which is on the right front of my house had been opened.
    I don't remember seeing it opened this morning, we would have noticed as we drove backwards out the garage.
    I have not opened the front gate since last summer!
    So, somebody obviously jumped over the fence opened the gate and let themselves in with the wind blocking board set on the side of the house.
    With that and the graffitti on my fence, I really thought something was up.
    I told my Wife to stay put and I unholstered my XD9SC and went slowly to the back yard, but nobody was back there.
    I went in, and called the Police.
    They said it would take awhile to get there and said that if I didn't see anything missing to just file a report on Monday and call the city about the Graffitti.
    I didn't know how I was going to react exactly confronting this kind of situation, but I was pretty pleased with myself.
    I have an overhead snap on my Don Hume holster which I did not have to think about unsnapping, just a natural reaction and I had the trigger finger pointing forward away from the trigger.
    I guess practice does pay.
    Last edited by 9mmMick; April 14th, 2007 at 07:46 PM.

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  3. #2
    Senior Member Array elrey718's Avatar
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    i bet tht was a little nerve racking. Why didn't u have ur wife call the police while u went to the back and check around. Glad everything turned out safe.
    “Do you have any idea how hard it would be to live with yourself if your loved ones were attacked and killed, and you had to stand there helplessly because you were unprepared for that day?”

    Ricardo

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    Array RETSUPT99's Avatar
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    You need a BIG dog...

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    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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    New Member Array farmerdave's Avatar
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    That really sucks.

    I had graffiti on an empty rent house, so I took pictures and went to the police station to file a report. Looked like gang tagging to me but what do I know. Finally an officer came out and looked at my pictures but said "it's just some neighborhood kids. The real gangbanger grafitti looks nothing like that."

    gee... that's somehow not comforting.

  6. #5
    VIP Member Array obxned's Avatar
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    Call 911 first always - if something then happens, you are on a lot firmer ground. Whatever you do - get a dog, or better yet, get 2!
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

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    Senior Member Array DMan's Avatar
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    No one can beat mans best frind. My 1911 never argues with me, always agrees with me, and we really do love each other. But in those cases where mans best friend is with me, a Dog does a great job to protect my property when I am not there. I know, I have 2 of the best dogs one can ask for.
    Last edited by DMan; April 15th, 2007 at 12:27 PM.
    "Gun Free Zones" is where only criminals carry guns.

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    Member Array revitup's Avatar
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    If you had found someone and shot them you'd be reading about yourself from jail. You also probably wouldn't have the the house too long as you'd be selling it to pay for the lawyers and the civil lawsuit you lost.

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    Member Array 9mmMick's Avatar
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    Quote Originally Posted by revitup View Post
    If you had found someone and shot them you'd be reading about yourself from jail. You also probably wouldn't have the the house too long as you'd be selling it to pay for the lawyers and the civil lawsuit you lost.
    I would not of shot them unless they were to attack or shoot at me first.
    Then I would have had every reason to shoot them.
    If they would of run after I had them at Gunpoint...Oh Well.
    Someone said to call 911 first..good point.

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    Member Array revitup's Avatar
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    Prosecutor: "And at what point was your life in danger during this incident?"
    You: "When I went into the yard with my gun drawn"
    Prosecutor: "And why didn't you retreat to a safe area with your family and call the police and let them handle the situation?"
    You: (silence)

    Sorry to interject some reality into this fantasy but along with carrying a gun comes a requirement for a little knowlege of the law and a lot of common sense.

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    VIP Member Array Blackeagle's Avatar
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    Quote Originally Posted by revitup View Post
    Prosecutor: "And at what point was your life in danger during this incident?"
    You: "When I went into the yard with my gun drawn"
    Prosecutor: "And why didn't you retreat to a safe area with your family and call the police and let them handle the situation?"
    You: (silence)

    Sorry to interject some reality into this fantasy but along with carrying a gun comes a requirement for a little knowlege of the law and a lot of common sense.
    Well, depending on which state you live in, the correct answer may be:

    You: "This is a castle doctrine state and I do not have a duty to retreat."

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    Array SIXTO's Avatar
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    Quote Originally Posted by Blackeagle View Post
    Well, depending on which state you live in, the correct answer may be:

    You: "This is a castle doctrine state and I do not have a duty to retreat."
    Ummm not really. He went looking for the bad guy.


    All debates aside, I think you did fine.
    "Just blame Sixto"

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    Member Array revitup's Avatar
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    "This is a castle doctrine state and I do not have a duty to retreat."
    That might work. I doubt it, but it might. But why, oh why, would you risk your freedom and everything you own, risk leaving your wife without a husband, your kids without a father, not to mention your life, to chase a bad guy into that yard when you didn't have to. That's where the Common Sense part comes in.

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    VIP Member Array Blackeagle's Avatar
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    Quote Originally Posted by revitup View Post
    That might work. I doubt it, but it might. But why, oh why, would you risk your freedom and everything you own, risk leaving your wife without a husband, your kids without a father, not to mention your life, to chase a bad guy into that yard when you didn't have to. That's where the Common Sense part comes in.
    The problem is, I don't really think calling the police in this circumstance represents 'common sense', especially given their response when Sparks did call them:
    Quote Originally Posted by Sparks View Post
    They said it would take awhile to get there and said that if I didn't see anything missing to just file a report on Monday and call the city about the Graffitti.
    Calling the police for some grafitti and an open gate probably isn't going to produce a very quick response unless things are really slow at that moment. It would definitely be common sense for someone to check the back yard before entering the house, but having the police do it rather than taking a look himself would mean a rather long wait for them to arrive. Plus, there's the danger developing a reputation for 'crying wolf', which might slow down a police response in a real emergency.

    I'm a firm advocate for not going charging into the situation in the event you come home to a burglary. However, an open gate and some graffiti that was there when I left the house this morning just wouldn't be sufficient evidence for me to demand that the police clear my house/backyard before I go inside.

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    Member Array Labhunter's Avatar
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    The castle doctrine was intended to protect a person in his castle who was attacked - the fight came to you. Because you went into your back yard knowing that something was not right, castle doctrine would probably not apply and you would not be protected from the consequences. I think the bigger issue as some have already mentioned is why put yourself at risk. Drive away, call the police, and avoid placing yourself in the position of having to shoot someone. You win, your family is safe, and your future is safe.

    Just as we can all learn from the scenario in which you found yourself, we can also take a lesson from the fact that your commitment to training served you well in a high stress situation. Well done.

  16. #15
    Senior Member Array Smith&Wessonfan's Avatar
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    Quote Originally Posted by SIXTO View Post
    Ummm not really. He went looking for the bad guy.
    Makes no difference. The homeowner was there legally (in his property) and the intruder was not.

    In the states whose castle doctrine I am familiar with, the mere presence of an intruder in your home is enough to warrant deadly force. No duty to retreat, no need for the intruder to evidence intent to cause harm, and no legal and civil liability.

    And in the states whose "stand your ground" law I am familiar with, so long as you have the legal right to be where you are you do not have to retreat at all. A homeowner in such a state is more than well within his right to search his property, demand an intruder to leave or surrender, and defend himself with deadly force if the intruder has the motive and opportunity to cause severe bodily harm or death.

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