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It may well fall under the "mischief in the nighttime" law in Texas. The rules change when the sun goes down. Even during "fresh" pursuit, ones own life must be in danger to use deadly force. If you were on your own property, there would be no need to retreat.

the-rio-rat wrote:...Even during "fresh" pursuit, ones own life must be in danger to use deadly force...

Can you explain what you mean?

I know it's probably not the "correct" answer, but I'd go confront them.

As someone that's had their car broken into over 6 times, as well as had their license plate stolen 3 times, I'd do what I could to either help stop the crime, or at least get a good description to the police to get them caught.

EDIT: TO clarify: I'd go confront the people breaking into my car, and only respond with deadly force if they threaten me after confronting them.

Didn't see it in the options on the poll but why wouldn't you go onto your 2nd floor balcony and yell at the idiots informing them that you may be able to help if they could prove that it was their car they were breaking into. Might also let them know that the police were on the way to provide them with additional assistance.

If things got tense at that point, you would always have the option of making the next decision on whether to use plan B that might involve the firearm.

Can we add a choice?

• Walk calmly downstairs to the nearest door. Point at both BG’s while simultaneously tapping your Doberman behind the shoulder and unsnapping his/her leash. Go back upstairs and call the Police. By the time they arrive… things should be sorted out nicely.

the-rio-rat wrote:Even during "fresh" pursuit, ones own life must be in danger to use deadly force.

Someone else has pointed out the other problem with your post (the Castle Doctrine). I wanted to address this issue.

First, never ever base your actions on what a law or rule for police officers says. The police are bound much tighter than the average citizen is, based on the Fourth Amendment. This restricts governments and their agents like police. It does not apply to citizens.

Your comment, I think, is a reference to the Garner v. Memphis decision, which is a restriction on police. It did away with the old rules of shooting to stop the fleeing felon. It says that the officer cannot use deadly force unless he can prove there is a greater threat to the public if the BG gets away than the danger involved in violating the suspects rights by the unlawful use of force. The threat does not have to be against the cop. For example, if I am chasing a proven serial killer, say the Son of Sam killer, I can show that he will kill again if he gets away and I could use that as the justification. That is an extreme example but it shows the point about the threat not having to be against the officer.

Not enough options.

When I am travelling, which I do a lot of, my car gets emptied in the hotel/motel parking lot, there is little of value left in the car. I don't trust those lots, even if I have not had a bad experience.

Therefore, if it was my car, I would call 911, call the desk, and then head out for a possible confrontation.

I would be very careful about any approach, and would not go out with gun drawn.

Option 4

Confront the burglars while armed and order them to the ground.


If they run away, let them go.

If they comply, call local police from mobile phone in pocket.

If they stand their ground and attempt to fight me, make sure I am not injured. What that means is determined by their actions.

I chose the last option you gave based solely upon experience. Normally there isn't anything of value left in my car when traveling. If it had value it would be in the room, with me.

Yes, I may be missing the car but I will be able to continue on my journey and not have to be interviewed, find a lawyer, post bail (possibly) or worry about coming back to that town.

I really like flintknapper's solution. Guess I'll have to start staying in places that allow pets.

Why not say "You boys may want to watch out for my pet rattlesnake. She's shedding and is a REAL foul mood, that's why she's not in here with me!"

I have a feeling they won't stick around to find out the truth.

I might let them take my truck, then I could get a new one! These scenarios are difficult, I guess I do not how I would react unless it was really happening.