07-11-2014, 12:22 PM
Both side are kinda right.
Yes what you say can come back to haunt you in a trial. It would be unwise to say anything that could reflect poorly on your intent.
Yes, my non-lawyer (AKA layman) understanding is that you do not have to flee from your actual residence.
No, according to my layman understanding, you don't have to prove your life was in "actual danger". You must have a "reasonable belief" your life, etc was in danger. Not the same.
I would imagine the machete incident occurred outside the actual home. Otherwise, according to my layman understanding, the suspect with the machete would be extremely shootable, if inside the home.
I don't claim I'd shoot anyone, even if armed with a machete, etc, that unlawfully enters my residence, in Florida or Hawaii, but they have certainly put themselves in jeopardy, based on my "reasonable beliefs" regarding the safety of my family and myself.
Practically speaking, in Florida, my layman understanding is that if you break into someones residence you are totally at the resident's mercy.
I personally will use care as I've been on too many calls where it turned out that the person "breaking in" was some shlt faced drunk who thought he was breaking into his own house. By the way, almost always illegal immigrants from Central America (just to mesh with current events), but it could also just be the neighbor's pie-eyed kid. However, he (could be she but not likely) will likely be looking at the wrong end of a .45 caliber when the light comes on.
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As for descriptions, they are reasonably accurate the majority of (as in more than 50%) the time. A good investigator (to include the initial responding officer) will not just ask how old or what height but use comparisons as in "taller or shorter than me?" "Older or younger than him (other officer or whoever is handy)?", you get the idea.
If a description is given out on the radio, etc you don't look for the exact thing but anything similar. Red ford escort? Look for anything in the red end of the spectrum, even if two toned and anything a notch bigger and smaller than the escort, in any flavor. Same idea with people.
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Edit to add that I just read Bull's link and I think I covered that. Not in the residence? Probably chargeable in Fla too. It would kinda depend on the greenhouse, inside/outside, time, etc. If unlawfully inside what would be considered structure, at night, probably not charged. Shot in the back, not in a residence, well illuminated or day, no "reasonably belief" he was in danger? Then not looking good for him.
Pua`a
S. FL
Big Islander to be.
Yes what you say can come back to haunt you in a trial. It would be unwise to say anything that could reflect poorly on your intent.
Yes, my non-lawyer (AKA layman) understanding is that you do not have to flee from your actual residence.
No, according to my layman understanding, you don't have to prove your life was in "actual danger". You must have a "reasonable belief" your life, etc was in danger. Not the same.
I would imagine the machete incident occurred outside the actual home. Otherwise, according to my layman understanding, the suspect with the machete would be extremely shootable, if inside the home.
I don't claim I'd shoot anyone, even if armed with a machete, etc, that unlawfully enters my residence, in Florida or Hawaii, but they have certainly put themselves in jeopardy, based on my "reasonable beliefs" regarding the safety of my family and myself.
Practically speaking, in Florida, my layman understanding is that if you break into someones residence you are totally at the resident's mercy.
I personally will use care as I've been on too many calls where it turned out that the person "breaking in" was some shlt faced drunk who thought he was breaking into his own house. By the way, almost always illegal immigrants from Central America (just to mesh with current events), but it could also just be the neighbor's pie-eyed kid. However, he (could be she but not likely) will likely be looking at the wrong end of a .45 caliber when the light comes on.
-----------
As for descriptions, they are reasonably accurate the majority of (as in more than 50%) the time. A good investigator (to include the initial responding officer) will not just ask how old or what height but use comparisons as in "taller or shorter than me?" "Older or younger than him (other officer or whoever is handy)?", you get the idea.
If a description is given out on the radio, etc you don't look for the exact thing but anything similar. Red ford escort? Look for anything in the red end of the spectrum, even if two toned and anything a notch bigger and smaller than the escort, in any flavor. Same idea with people.
---------
Edit to add that I just read Bull's link and I think I covered that. Not in the residence? Probably chargeable in Fla too. It would kinda depend on the greenhouse, inside/outside, time, etc. If unlawfully inside what would be considered structure, at night, probably not charged. Shot in the back, not in a residence, well illuminated or day, no "reasonably belief" he was in danger? Then not looking good for him.
Pua`a
S. FL
Big Islander to be.
Pua`a
S. FL
Big Islander to be.
S. FL
Big Islander to be.