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4 Police Officers, Suspect Shot in Search for Drugs
http://ellegon.com/forum/viewtopic.php?f=24&t=14210		 Page 2 of 2
Author:  DeanC [ Mon Sep 28, 2009 11:25 am ]
Post subject:  Re: 4 Police Officers, Suspect Shot in Search for Drugs
Quote:
when the suspect sprayed bullets from atop a staircase

The Vang wrong-house invasion also went bad for the cops when he took his stand from the top of the stairs with a shotgun.

There is a tactical lesson to be learned here.
Author:  mrokern [ Mon Sep 28, 2009 11:46 am ]
Post subject:  Re: 4 Police Officers, Suspect Shot in Search for Drugs
DeanC wrote:
Quote:
when the suspect sprayed bullets from atop a staircase

The Vang wrong-house invasion also went bad for the cops when he took his stand from the top of the stairs with a shotgun.

There is a tactical lesson to be learned here.


There's a very good reason Sun-Tzu sang the praises of staying on high ground.
Author:  jdege [ Mon Sep 28, 2009 3:07 pm ]
Post subject:  Re: 4 Police Officers, Suspect Shot in Search for Drugs
Andrew Rothman wrote:
Unlawful with intent to steal may be either a gross misdemeanor or a felony, dependong on the degree.

Well, since I can't read the bastard's mind, I'm going to have to judge his intent by what I see.

Is there anything in the house worth stealing? Then yes, I'm going to have to assume that his intent is to steal.

Is there anything in the house worth more than the cutoff for the theft to be a felony? Then yes, I'm going to have to assume that his intent is felony theft.

Is there anyone in the house who would be vulnerable to an assault? Then yes, I'm going to have to assume that his intent is to commit an assault.

All of this is subject to his disproving that his intent is not so. If, for example, he apologizes, explains, backs out, and generally acts in a conciliatory, non-threatening manner, I will have reason to reconsider my judgment of his intent. But my general willingness to give everyone the benefit of the doubt was destroyed, in his case, when he forcibly entered my house.
Author:  Andrew Rothman [ Mon Sep 28, 2009 4:09 pm ]
Post subject:  Re: 4 Police Officers, Suspect Shot in Search for Drugs
jdege wrote:
Andrew Rothman wrote:
Unlawful with intent to steal may be either a gross misdemeanor or a felony, dependong on the degree.

Well, since I can't read the bastard's mind, I'm going to have to judge his intent by what I see.


Please look at the context: I was answering a technical, legal question. I completely agree (as does the law) that one may act upon the danger which one reasonably believes to be present at the time.

a911scanner wrote:
Isn't Burglary/B&E of an occupied dwelling an automatic felony in this state?


Andrew Rothman wrote:
Unlawful entry is a misdemeanor.


Quote:
(b) A person is guilty of a misdemeanor if the person intentionally:
<...>
(4) occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation;


Unlawful with intent to steal may be either a gross misdemeanor or a felony, dependong on the degree.


Quote:
Subd. 3.Burglary in the third degree.

Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Subd. 4.Burglary in the fourth degree.

Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
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