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Castle Doctrine comes into play when the trespasser is inside your living quarters (and working area, hopefully soon). Another scenario that I could see being covered is just outside the window or door and armed and obviously threatening or actually shooting. The only place defensive shooting is covered by a state OUTSIDE the residence is pretty much TX.Quote:
Originally Posted by BigBear
disregard...
I wonder what would have happened if he had detained the purported "census worker"(remember, no picture ID) in a citizen's arrest? He had, after all, asked the gentleman to leave, and been ignored. Under Colorado law, that means the census worker was guilty of 3rd degree criminal trespass. For all the "SKS guy" knew, it was a cover for a criminal casing houses, or someone doing surveillance for a law enforcement agency(which SHOULD require a warrant to enter private property).
I agree with the disorderly conduct post.
I would also say the census worker did leave, and went on to do his job at the other cabins and had not choice but to drive past the first cabin. I think cabin guy was also being an a hole by standing in front of his house the second time waving a rifle around and yelling at the guy. I may be a lot more on his side if it wasn't for that part.
I do say that in the middle of nowhere you should be very aware of anyone coming to your house saying they are a government official without a proper picture id.
Too bad the census guy ruined cabin guy's day of hanging out with the 200+ critters he loves so dearly.
How about a few pleasant questions instead of everyone being such an a hole right off the bat. Maybe polite conversation would get everyone a lot further.
Glad this case was decided in SKS guys favor. I think the census worker should have been charged with trespassing due to lack of ID. Also think census worker should have gotten his ass kicked for being a moron. Why should a resident or homeowner have to put up with this? Census worker should have apologized, left to get ID and returned with proper attitude.
Coming to my place unidentified and telling me you have a right to be here and demanding I answer your questions and ignoring me when I ask you to leave will end badly for you.[Rant1]
Just a little more info, all 5 cabins are on a single property. So when the census guy proceeded to the other cabins he went further onto SKS guy's property.
The very fact that the census guy kept working and didn't turn tail and run instantly shows that he was not (or at least did not believe that he was) in imminent danger.
Ding, Ding, Ding! We have a winner! This guy was so scared that he continued to hang out for a while... Then called the cops later. A good cop would have tested the allegation, ran into this information, and told the census guy to carry his ID like he should and have a nice day.Quote:
Originally Posted by Stuart
WOW the "incident" happened on his way out supposedly. Even the Cenceless taker in his statement says that.Quote:
Originally Posted by Stuart
Also why everyone I know with "no trespassing" signs also has a chain or gate across the entrance.
Census worker’s side of the story:
I was driving along doing my job, I entered an area which was posted with two no trespassing signs and I stopped at a house which was not displaying a number and was taking a GPS reading when the accused came out of his house, and angrily told me I was trespassing on private property and that I should leave. I told him that I was a census worker and that by law he had to answer my questions. The accused again instructed me to leave and went inside his home. I then walked up on his porch and placed a paper in his door that had some census information on it. The defendant came back outside and repeated his angry words about me getting off this private property. I then drove to the next 3 cabins on the property, getting out once to “map spot” the house on my gps. As I came around the loop and headed back towards the defendants house I saw him standing there holding a “big black gun”. The defendant was obviously angry and was yelling something but my windows were closed and I could not hear him. I drove past, stopped once or twice, then continued on and took a few more map spot readings. After thinking about the situation, I found a local establishment and went inside to borrow a phone (cell phone service was not available). I called 911 and reported the incident. Not wanting to wait around for the Sheriff to arrive I left the area.
Quote:
Originally Posted by SNAFU
Let me help you out there. If you can stop and think about it, you're not in imminent danger.