----- Original Message ----- From: "Sandy Sandfort" <sandfort@mindspring.com> To: <cypherpunks@lne.com> Sent: Wednesday, August 08, 2001 1:56 PM Subject: RE: Secret Warrants and Black Bag Jobs--Questions
Tim wrote:
2) What happens in these breaking-and-entering raids if the homeowner surprises the burglar and kills him? Is a homeowner supposed to somehow know that the person sneaking around his home has a secret warrant signed by a secret judge in a secret courtroom?
I agree with Dr. Evil about the unlikelihood of it ever happening, but if it did, I think the intruder is toast. In California, there is the presumption that anyone in your house (at least after dark, though I'd have to research that) is there with the intent of causing death or great bodily harm. He doesn't have to do anything overt like raise a crowbar. So you can just shoot first and ask questions later.
I didn't realize any states but Virginia still held this old "burglary" definition. Are you certain that's current law?