Legal Question in Criminal Law in California

caught in the act.

i caught someone breaking into my car. what are my rights? keep in mind i got a felony on my record 10 years ago when i was 19 years old, so i cannot own a gun. if i try to make a citizens arrest with a house knife, i could be in danger of getting hurt or killed if the criminal has a gun or knife.

if i call the police, they wouldnt be there in time and my insurance will just go up.

what i did was yell at the guy from behind my gate and he ran away before he could grab my stereo.

was that really my best option? it seems to me that the law is set-up to protect him and make sure he is allowed to steal from me without harm. but i dont know. am i allowed to tazer him? chloroform? tear gas? something?! anything?!?!


Asked on 6/29/08, 4:11 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: caught in the act.

Get a good camera and take pictures. A video camera monitoring the area where your vehicle is parked may also discourage persons from attempting to burglarize your car.

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Answered on 7/04/08, 8:06 pm
Quentin Simms LAW OFFICES of QUENTIN B. SIMMS & ASSOCIATES

Re: caught in the act.

Self help is no longer a safe option for the mere protection of your personal property. Basically because you may not utilize bodily injury/force to protect tangible personal property absent some other exingent circumstance existing as well.

Therefore even a citizen's arrest is dangerous, as I see you recognize.

Perhaps gaining a good visible look at the culprit so that you could identify person and clothing; along with attempting to follow (in your auto) him in a very general way so as to have a 2-3 block radius you can report to the 911 operator simultaneously would be a possiblity.

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Answered on 6/29/08, 5:15 am


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