Is it legal in the US to shoot people who are trying to kidnap you?
I mean, anyone can go around claiming to be law enforcement or ICE or whatever, but with no badge or ID, how are people supposed to know that this isn’t a gang trying to trafic them?
In vast majority of states there is a stand-your-ground law in place, which means you’re explicitly allowed to use deadly force if you reasonably believe that you’re defending yourself from a violent crime, and in minority there is a duty to retreat while outside of your home or workplace, which means that you still are allowed to use deadly force, but you have to try to retreat first, and only use force if you are reasonably sure that you can’t run away.
Kidnapping by a group of people in plain clothes in an unmarked van is explicitly stated as an example of a case where use of deadly force is permitted by law.
It may not, but imo you do what you have to do to protect yourself against aggravated kidnapping, and then hope you/your lawyer can articulate how/why you did what you did later in court.
According to law, it’s a matter of law in most of the states, and matter of jury instructions in a limited number of states. In other words, it is explicitly a law.
Is it legal in the US to shoot people who are trying to kidnap you?
I mean, anyone can go around claiming to be law enforcement or ICE or whatever, but with no badge or ID, how are people supposed to know that this isn’t a gang trying to trafic them?
In vast majority of states there is a stand-your-ground law in place, which means you’re explicitly allowed to use deadly force if you reasonably believe that you’re defending yourself from a violent crime, and in minority there is a duty to retreat while outside of your home or workplace, which means that you still are allowed to use deadly force, but you have to try to retreat first, and only use force if you are reasonably sure that you can’t run away.
Kidnapping by a group of people in plain clothes in an unmarked van is explicitly stated as an example of a case where use of deadly force is permitted by law.
I’m pretty sure self defence doesn’t apply against law enforcement, even if you don’t know they are law enforcement.
There have been cases where firing upon law enforcement who failed to adequately identify as such has counted as self defence
It may not, but imo you do what you have to do to protect yourself against aggravated kidnapping, and then hope you/your lawyer can articulate how/why you did what you did later in court.
Oh, totally, no dispute there.
As Legaleagle put it in their most recent video: At that point it becomes logical to resist arrest, to run or to fight.
I think that would count as self defence.
but would the court?
According to law, it’s a matter of law in most of the states, and matter of jury instructions in a limited number of states. In other words, it is explicitly a law.
you’re almost there