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Old August 29, 2007, 04:53 PM   #8
rantingredneck
Senior Member
 
Join Date: January 12, 2007
Location: North Carolina
Posts: 4,728
Quote:
Main goal, is if you can, get them to lay on their stomach, cross their legs, hands behind their back, and interlock their fingers! Doubt they'd actually do that but worth a shot
First let me say I'm not an LEO and never have been, nor have I had LEO training. I agree with every part of this statement with the exception of the hands behind the back. Human reaction time being what it is I want his hands straight out at his sides, 90 degrees from his body. I want him to have to reach to his waistband to get whatever may be there. That extra, gross motor movement is easy to detect and will slow down any chance at drawing on me he may have.

The above assumes of course that I catch him without a weapon already in his hand, which in NC would be problematic due to our schizo SD laws. You can legally use deadly force to prevent entry to your home. Someone's coming through your window, shoot him. You don't have to see that he's armed or intends you harm. You can assume he is based on the fact that he's breaking into an occupied dwelling.

Now, if I wake up and find Mr. Badguy already in my home I default back to the "reasonable fear of imminent death or serious bodily injury" requirement. Meaning a reasonable person would have to believe the individual standing in my living room had both the intent and the means to kill me or do great bodily harm. So in that case if I didn't see the weapon before I drew on him and ordered him onto his face I might have some 'splaining to do.

So assuming I have the legal right to use deadly force, and I draw my weapon and he complies, I personally want him proned out on his belly with his ankles crossed and his hands straight out at his sides palms facing up.

That being said, I see a weapon in his hand and he's in my living room at 2AM we ain't playin Simon Sez.
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