Booby traps....that's what I said.

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Booby traps....that's what I said

Legal Analysis

Trespassing is defined as the entering and remaining on the premises of someone else’s property

without their authorization, or any other license (Heap, 2013). A booby trap is any camouflaged

device that has been planted somewhere to cause bodily harm to someone when they come into

contact with it.

The common law used on the American Frontier, allowed the use of force to protect ones

property. But that was before the insurance of personal items became an ordinary concept and

the communication became relatively easy due to the communication and transportation system

of the modern world, which in turns enables law enforcements to act and react quickly if a

situation arises.

Hence, under the Fourth Amendment of the United States constitution, setting up a booby trap in

the house or elsewhere, to try and scare off trespassers, has been labeled as an “illegal use of

force” (Philips, 2015). Killing someone in defense of one’s property, when the property owner

has not even been threatened is not justifiable and may result in civil or criminal penalties against

the land owner.

Booby traps that include trip wires, bear traps, snares, and other such devices, which are meant to

either ensnare or cause bodily harm to anyone trespassing one’s property are at best a legal

liability. But in the worst case scenario it can become the basis for criminal charges against the

property owner who put up the traps.

These traps have been banned by many states. In the areas where they are not banned, warning

signs or no signs, they should be avoided as well because they present a huge risk of injuring or,

in the worst case scenario, killing some unexpected guest.

Take for example the Katko vs Briney case, 1971. In this case Briney, owned a piece of land

which had not been used for ages, but was surrounded by “no trespassing” signs. Due to several

thefts and trespassers, Briney decided to set up a booby trap for the next one. His booby trap

consisted of a shotgun which was aimed at the lower frame of whoever was entering. Mr. Katko

later claims that his left leg was two-inches shorter than his right (Jamison, 2009). This case

resulted in Briney selling the majority of his property to pay off the actual damages and the

punitive damages.

Booby traps is a controversial issue. Allowing booby traps to be used by property owners as a

security measure against trespassers, suggests endangering the lives of children of the

households or any other wandering kids, firemen, police officers, paramedics and any other

outsiders who enter the property with a peaceful intention (Lippman, 2009).

Thus, booby traps serve as a double-edged sword, where it might on one hand help in securing

your property but on the other hand, will most probably end up injuring one of your rescuers.

Even with warning signs put up, which serve as indication of some booby trap present, it is

impossible to actually avoid them without knowing their exact location and thus serves as an

endangerment to the lives of the innocent more than it serves as a security measure, and hence is

a direct violation of the law which entails one to not use force against another human being.

But keeping the fatal implications of using booby traps aside, the courts should take a situation-

based approach towards these cases and how the facts play out. The response, thus, must be

proportionate to the intensity of the attack.

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Booby traps....that's what I said Legal Analysis Trespassing is defined as the entering and remaining on the premises of someone else’s property without their authorization, or any other license (Heap, 2013). A booby trap is any camouflaged device that has been planted somewhere to cause bodily harm to someone when they come into contact with it. The common law used on the American Frontier, allowed the use of force to protect ones property. But that was before the insurance of personal items became an ordinary concept and the communication became relatively easy due to the communication and transportation system of the modern world, which in turns enables law enforcements to act and react quickly if a situation arises. Hence, under the Fourth Amendment of the United States constitution, setting up a booby trap in the house or elsewhere, to try and scare off trespassers, has been la ...
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