[JD59]

MONTGOMERY, Ala. (AP) - A burglar in Montgomery chose the wrong family to mess with, literally. Adrian and Tiffany McKinnon returned home on Tuesday after a week away to find that thieves had emptied almost everything the family of five owned, Tiffany McKinnon said through tears.

"Tears just rolled down my face as I walked in and saw everything gone and piles of trash all over my home," she said.

News Home - Ask.com News Search (http://story.news.ask.com//article/20071019/D8SC05M80.html - broken link)

[Earniefan]

That's too good!!

[zenjenn]

I like this state more every day.

[harry chickpea]

What I like better is knowing that the juries in this state won't be swayed by a lawyer for the burglar seeking damages. However... what they did was not only dangerous, but technically falls under kidnapping and false imprisonment, unless the police took a really long time to arrive. Of course, if they're smart, the burglar must have ripped out the phone lines so they couldn't call right away...

[Reactionary]

I heard Tiffany McKinnon on FoxNews this morning - she said the burglar did a good job cleaning up.

The burglar is lucky that he's not dead - they technically had the right to shoot him.

[Bravo35223]

Originally Posted by Reactionary

I heard Tiffany McKinnon on FoxNews this morning - she said the burglar did a good job cleaning up.

The burglar is lucky that he's not dead - they technically had the right to shoot him.

Yes they did...no jury in Alabama is going to convict the victim of a home invasion who has shot the perpetrator...in fact, I think it is difficult to even bring charges in a case like that....I believe that the 'rule of thumb' is: if they are inside the house, you can shoot 'em and not be too worried about it....

[NicoleC]

Legally, you have to be under immediate threat. You can't shoot them in the back and you can't run down the street after them. So if you do plan on shooting them, be sure to get their attention first so they turn and look at you.

[Bravo35223]

Originally Posted by NicoleC

Legally, you have to be under immediate threat. You can't shoot them in the back and you can't run down the street after them. So if you do plan on shooting them, be sure to get their attention first so they turn and look at you.

You're right!! No Shots in the Back!!!

Pardon me....

[Reactionary]

Alabama has both 'castle' and 'stand your ground' laws.

[Reactionary]

CASTLE:

Section 13A-3-25
Use of force in defense of premises.
(a) A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such premises.

(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only:

(1) In defense of a person, as provided in Section 13A-3-23; or

(2) When he reasonably believes it necessary to prevent the commission of arson in the first or second degree by the trespasser.

(Acts 1977, No. 607, p. 812, §620.)

Section 13A-3-25 (http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-3-25.htm - broken link)

STAND YOUR GROUND:

Section 13A-3-26
Use of force in defense of property other than premises.
A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises as defined in section 13A-3-20.

(Acts 1977, No. 607, p. 812, §625.)

Section 13A-3-26 (http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-3-26.htm - broken link)

CITIZEN ARREST:

Section 13A-3-27
Use of force in making an arrest or preventing an escape.

(g) A private person acting on his own account is justified in using physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he reasonably believes has committed a felony and who in fact has committed that felony, but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.

Section 13A-3-27 (http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/13A-3-27.htm - broken link)