christmas theft scare

[rbig1]

my mom called me scared yesterday afternoon. some people came to her house insisted she have them tar the chimney and seal the wood deck. they came in the house and did the work on roof and deck while one stayed in house. it was a rainy day, pored sealer on deck. I got there and caught them told them to get the hell out of here. they stole her credit card at some time. I called the police and they came out. reported card stolen they used it twice last night. but we had the police report to give card company. sorry had to vent to someone pissed.

[Yammer Dan]

Shame you didn't get a tag number. Scum is everywhere!! We had put a wall hanging propane heater in the new property we got to keep pipes from freezing and didn't want cost of running furnace. They stole the propane tank!!!

[ragtop69gs]

Should have had shotgun in hand and held them for police arrest. Nothing worse than scumbags that prey on the elderly.

[cecdoo]

Absolutely the scum of the earth! Anyone who preys on the elderly. Glad you were able to chase them off and they didnt cause anymore trouble.

 

Craig

[etcswjoe]

Sorry to hear this happened.

[Hummingbird]

Should have had shotgun in hand and held them for police arrest. Nothing worse than scumbags that prey on the elderly.

 

 

word of warning

 

in the eye of the law - that can be construed as kidnapping and you could be charged go to jail etc. it's not right but that's the way it is.

[Freebird]

Maybe so my friend. But sometimes you just have to do what you have to do.

[midnightventure]

There was a day when you would be acclaimed as a hero for doing that. Still that way in most rural areas. Big city police departments are a whole different story.

[ragtop69gs]

word of warning

 

in the eye of the law - that can be construed as kidnapping and you could be charged go to jail etc. it's not right but that's the way it is.

 

I disagree. They forced their way into the house thru coersion, in order to commit a crime , at that point they are trespassing and since you do not know their true intentions I would be in fear of great bodily harm or worse. Here in Michigan the castle doctrine is the law, it in part reads that if someone enters your home un-invited it is assumed they are there to hurt you.

PRESUMPTION REGARDING SELF-DEFENSE (EXCERPT)

Act 311 of 2006

 

780.951 Individual using deadly force or force other than deadly force; presumption; definitions.Sec. 1.

(1) Except as provided in subsection (2), it is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under section 2 of the self-defense act has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual will occur if both of the following apply:

(a) The individual against whom deadly force or force other than deadly force is used is in the process of breaking and entering a dwelling or business premises or committing home invasion or has broken and entered a dwelling or business premises or committed home invasion and is still present in the dwelling or business premises, or is unlawfully attempting to remove another individual from a dwelling, business premises, or occupied vehicle against his or her will.

(b) The individual using deadly force or force other than deadly force honestly and reasonably believes that the individual is engaging in conduct described in subdivision (a).

(2) The presumption set forth in subsection (1) does not apply if any of the following circumstances exist:

(a) The individual against whom deadly force or force other than deadly force is used, including an owner, lessee, or titleholder, has the legal right to be in the dwelling, business premises, or vehicle and there is not an injunction for protection from domestic violence or a written pretrial supervision order, a probation order, or a parole order of no contact against that person.

(b) The individual removed or being removed from the dwelling, business premises, or occupied vehicle is a child or grandchild of, or is otherwise in the lawful custody of or under the lawful guardianship of, the individual against whom deadly force or force other than deadly force is used.

© The individual who uses deadly force or force other than deadly force is engaged in the commission of a crime or is using the dwelling, business premises, or occupied vehicle to further the commission of a crime.

(d) The individual against whom deadly force or force other than deadly force is used is a peace officer who has entered or is attempting to enter a dwelling, business premises, or vehicle in the performance of his or her official duties in accordance with applicable law.

(e) The individual against whom deadly force or force other than deadly force is used is the spouse or former spouse of the individual using deadly force or force other than deadly force, an individual with whom the individual using deadly force or other than deadly force has or had a dating relationship, an individual with whom the individual using deadly force or other than deadly force has had a child in common, or a resident or former resident of his or her household, and the individual using deadly force or other than deadly force has a prior history of domestic violence as the aggressor.

 

 

(3) As used in this section:

(a) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.

(b) "Business premises" means a building or other structure used for the transaction of business, including an appurtenant structure attached to that building or other structure.

© "Dwelling" means a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter.

(d) "Law enforcement officer of a Michigan Indian tribal police force" means a regularly employed member of a police force of a Michigan Indian tribe who is appointed pursuant to former 25 CFR 12.100 to 12.103.

(e) "Michigan Indian tribe" means a federally recognized Indian tribe that has trust lands located within this state.

(f) "Peace officer" means any of the following:

(i) A regularly employed member of a law enforcement agency authorized and established pursuant to law, including common law, who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state. Peace officer does not include a person serving solely because he or she occupies any other office or position.

(ii) A law enforcement officer of a Michigan Indian tribal police force.

(iii) The sergeant at arms or any assistant sergeant at arms of either house of the legislature who is commissioned as a police officer by that respective house of the legislature as provided by the legislative sergeant at arms police powers act, 2001 PA 185, MCL 4.381 to 4.382.

(iv) A law enforcement officer of a multicounty metropolitan district.

(v) A county prosecuting attorney's investigator sworn and fully empowered by the sheriff of that county.

(vi) Until December 31, 2007, a law enforcement officer of a school district in this state that has a membership of at least 20,000 pupils and that includes in its territory a city with a population of at least 180,000 as of the most recent federal decennial census.

(vii) A fire arson investigator from a fire department within a city with a population of not less than 750,000 who is sworn and fully empowered by the city chief of police.

(viii) A security employee employed by the state pursuant to section 6c of 1935 PA 59, MCL 28.6c.

(ix) A motor carrier officer appointed pursuant to section 6d of 1935 PA 59, MCL 28.6d.

(x) A police officer or public safety officer of a community college, college, or university who is authorized by the governing board of that community college, college, or university to enforce state law and the rules and ordinances of that community college, college, or university.

(g) "Vehicle" means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.

 

History: 2006, Act 311, Eff. Oct. 1, 2006

 

 

[Leftcoaster]

Sorry to hear about your concerns. May Uncle Kharma deal a whoopin' on those responsible.

We wish you the best over the season.

[Hummingbird]

quote all the law you care to, fact remains the perpetrater has more rights than the victim. it could be twisted to become kidnapping.

 

I would most likely be going to jail for discharging my 9mm Kimber,then it's a one sided story.

[cowpuc]

WOW Rodney, THAT is horrible!! Thankfully you were able to get to your Mom and sweep the vermin out the door before anything worse may have happened. I do think it would be WAY cool if the Police could capture the crooks but applaud you in doing you part to protect your Mom and am VERY thankful you are all ok!! :clap2:

[Yammer Dan]

If you hold them at gun point til the law gets there you can be charged. Seen it happen. Guy found out he had cancer while trial was going on and died in prison. Fair?? Life ain't fair.

[Beach Bum]

Not down here, at least locally. Our Sheriffs and Deputies support good citizens, not the scumbags.

[Yammer Dan]

That's what I thought here. Sheriffs are elected officals. They do what gets them votes.

[Beau-Kat]

Two words: Castle Doctrine.

[Brake Pad]

many years back, a band of an hundred or so Gypsy rolled into town, ( campers in tow , offering all types of odd jobs, seal coating driveways was one of them, but after many days have passed the driveways never dried. come to find out they spread old motor oils on the drive ways. then left in the night for another community.

[Flyinfool]

Castle Doctrine would be iffy at best.

She DID invite them into the house and onto the property. At this point they may even have a legal claim in small claims court or even to put a lean on the house since technically they did start authorized work on the house.

 

Yes they are the scum of humanity. But under the law they did ask if they could do work on the house, were given permission, and they did start work on the house, and they did use some materials. Stealing a CC is a whole nutter matter that could/should swing the whole legal issue back into your mothers favor IF they should decide to pursue this in the courts, as there is no way that that can be made to sound legal, on the other hand it may be difficult to prove that they stole the CC unless they can get caught with it. And for that they should get life.

 

If your MOM has more than that one CC call them all and cancel the cards as stolen. Just because they stole one physical card does not mean that they did not copy the info from the others to use online later.

[Great adVENTURE]

A few years ago just before christmas my mother in law went to the bank and when she came out and drove away realized she had a flat tire on the passenger side. Just so happened before she could even get out to look after pulling over two men approached her and offered to change the tire. Well while one of them was helping her get the tire out of the trunk the other took her pocket book out of the car and walked away. The second man helping her in the trunk gave her some bs line that she didn't have the right tools and walked away. So not only did these scum bags steal her license, credit cards, check book, and cash for shopping but they destroyed her tire with a knife. Never being a victim before she never thought to notice what they were wearing or being able to give a positive id to what they looked like. This was a very hard lesson to learn but at least everything taken was replaceable. Gets my blood boiling even a few years later just thinking about it.

[Great adVENTURE]

But when it comes down to he said she said and they can't testify cause there dead, who's to know they were invited in. When i got my firearms i was told by a close friend (high ranking official) if you have to shoot, sadly shoot to kill. If you wound an intruder this day and age they can and most likely will sue you and you could be doing time.

[Hummingbird]

Two words: Castle Doctrine.

 

The castle doctrine is only totally effective when you are in eminent and COMPLETE danger and fear for your life. Too many people think it's a license to get away with something -

[rbig1]

thanks all. They haven't been caught yet but the officer thinks they will get them. Wish I could remember plate number.... crs is in full swing:crying: