keith@hp-pcd.UUCP (06/28/83)
#N:hp-pcd:2400012:000:756
hp-pcd!keith Jun 27 14:03:00 1983
Before everyone rushes off and "booby traps" his or her car stereo system, I
would like to raise a question.
Does a car owner have the legal right to set booby traps in his/her
car?
I vaguely remember a case where a CB radio had been reported stolen that
had some blasting caps inside it. The police were trying to locate the unit
before it blew up. I seem to remember that there was some law against
setting traps like this.
I suppose that any such laws would also apply to homeowners as well.
Keith M. Taylor
Corvallis, Oregon
hplabs!hp-pcd!keith
P.S. Not that I have any overwhelming compassion for thieves, but booby
traps don't discriminate between them and the kids next door or my
mechanic.leichter@yale-com.UUCP (06/29/83)
There are, indeed, all sorts off laws against using booby traps. It is ALWAYS illegal to use deadly force in a booby trap, for example; the blasting caps in a CB are probably right on the hairy edge. For non-deadly force, things get more complex; but the basic trend in the law over the past 50 years, at least, is that human beings are more important than property. (Yes, there are all sorts of contradictions here; these are the same courts that sometimes seem to hold that real estate is more important than just about anything else.) An indication of the complexity: Guard dogs, which are often QUITE deadly, no matter how well-trained, are considered a legitimate method of guarding your property. Why? Well, our legal system is based on precedent and guard dogs have been a legitimate method of guarding property for a thousand years.... There have been specific laws written extending your rights to protect yourself. California, after a celebrated case a couple of years bac, \\\back, passed a law explicitly granting you the right to use even deadly force to protect yourself or your property within your own home. (The courts had held that even in your own home, you could only use deadly force if the person you were defending yourself against used deadly force.) I don't know the exact limits of that law, or what other states have passed similar laws. However, I'm pretty sure that it would NOT allow the use of deadly booby-traps. At a guess, razor blades as washers would probably be ok, since (a) they would not pose much danger to anyone not actually intent on trying to steal your radio (e.g. a kid who was playing around in your car because you forgot to lock it isn't going to get cut up); and (b) while nasty, the danger the blades pose is pretty limited. If you set up a device to cut someone's hand off, you'd have a whole other story. BTW, if you do this be DAMNED sure to warn anyone you give the car for repairs! If you don't, and they injure themselves, they probably have a strong case against you. -- Jerry decvax!yale-comix!leichter leichter@yale
hxe@rayssd.UUCP (07/06/83)
RE: Booby Traps
In most states, booby traps are definitely NOT legal in homes! I
would assume that they are also not legal in car stereos based on
the same legal principles. The test case that I recall for the
legality of booby traps involved a man who had wired a gun into a
tree near his front door and posted signs prominently that warned
would-be intruders that there was a booby trap in use. Neverthe-
less, a man tried to break in, the gun went off and blew away his
leg, and the robber (successfully) sued the homeowner for all
damages. Again, I could assume that this might happen to you if
you booby trap your car and someone gets hurt, even if they were
breaking in.
Heather Emanuel {decvax!brunix, allegra} rayssd!hxe