Are Porch Pirate Traps Legal?
First, any kind of device or trap that is planted or concealed and specifically used to cause bodily harm, injury, or death, is not legal. The law vary from city to city and state to state, so before deciding to set anything out, it’s best to do due diligence and research what you may be liable for in your state.Generally, non-violent porch pirate traps are acceptable, like packages filled with trash or other decoy packages designed to catch the thief on a security camera. Both glitter and stink bomb may seem harmless and legal, but always consider the worst-case scenario. More on that later.
Also, consider that not everyone who comes onto your property and may stumble onto the trap is an actual trespasser or criminal.
You have a reasonable right to protect your package and property. Our laws value life over property, so if the porch pirate, who is trespassing and committing theft, is injured, you can be criminally and at least civilly liable for those injuries.
In Worst-Case Scenarios, You May Be Responsible
- If the porch pirate falls while running away, the they sustain a head injury or breaks a bone.
- If the thief opens the glitter box, getting glitter in their eyes and ending up with impaired vision.
- If the thief has an allergic reaction to the glue or anything else in the decoy box.
- If you set a noise device to go off when the porch pirate arrives and they have a heart attack, or it causes hearing damage.
- Avoid poop in any scenario – it can carry e.coli and other bacteria which can lead to extreme health issues.
Your Defense Is Self-Defense
If you’ve set your porch pirate trap and leave for the day, there is no threat to you; there is no argument for self-defense. Generally, most state laws say harming someone in self-defense is only lawful if there is imminent threat to your life. Again, we recommend good due diligence.Katko v. Briney: Use of Deadly Force and Defense of Property
In Katko v. Briney (Iowa 1971), the Iowa Supreme Court ruled that landowners have a duty to not set potentially deadly traps for trespassers. This is an important case in the issue of defending property. Landowners Edward and Bertha Briney, were liable for the battery and injuries of trespasser Marvin Katko. The Brineys set up a spring-loaded shotgun in their empty farmhouse. They aimed the gun downward to avoid a potentially fatal torso shot. They put up “No Trespassing” signs around their property and farmhouse. Katko entered the farmhouse, triggering the gun, which fired at his legs, severely injuring his right leg. He sued the Brineys for the injury. The Court ruled that using deadly force in the unoccupied property was not reasonable nor justified and so, not a valid defense. The Court awarded Katko $20,000 in actual damages and $10,000 in punitive damages.How Legal Are Porch Pirate Traps? – RAPID INTERNATIONAL
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