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OfflineAlan RockefellerM
Mycologist
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Registered: 03/10/07
Posts: 48,355
Last seen: 5 hours, 11 minutes
Re: Six arrested for picking illegal mushrooms. Bixby, OK [Re: lipa]
    #8725119 - 08/04/08 03:43 PM (15 years, 7 months ago)

Quote:

How fucking stupid do you have to be to trespass on some sod farmers land picking illegal mushrooms.




Plenty of people get away with it all the time.  Sometimes it is easier to ask forgiveness then permission.  The smart ones keep asking for permission until they get it.

Personally I don't obey laws that involve imaginary lines.  Perhaps if the land was not stolen from american indians in the first place I would have a different view, but probably not.


Quote:

I am surprised the farmer didn't shoot their asses. Legally he could have shot them dead. They deserved to be arrested just for stealing magic mushrooms from him. I bet he had his gun ready!!




That isn't quite true, they can only shoot you if you don't leave when they ask or if you threaten them.  See this thread.

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OfflineChemy
Jesus is Lord

Registered: 10/05/07
Posts: 6,276
Loc: A Church
Last seen: 14 years, 3 months
Re: Six arrested for picking illegal mushrooms. Bixby, OK [Re: lipa]
    #8725168 - 08/04/08 03:56 PM (15 years, 7 months ago)

Quote:

lipa said:
Legally he could have shot them dead. 



No he could not have legally shot a trespasser dead in an open field, unless he was "meeting force with force, including deadly force", in Oklahoma.

Oklahomas Castle Doctrine:
Quote:

Section 1289.25 - Physical or Deadly Force Against Intruder

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

1. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle




And no it is not legal to shoot a trespasser if they do not leave, after warning. In Oklahoma, outside of a dwelling, vehicle or residence, force can only be met with force, within a dwelling, residence or vehicle you may kill an intruder without provocation.


--------------------
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Edited by Chemy (08/04/08 04:28 PM)

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Invisiblelipa


Registered: 07/24/07
Posts: 2,684
Re: Six arrested for picking illegal mushrooms. Bixby, OK [Re: Alan Rockefeller]
    #8725504 - 08/04/08 05:10 PM (15 years, 7 months ago)

Trust me! In OK if you shoot a trespasser dead on your property  they won't arrest you. It happens all the time. I lived 20 min from that area for a long time and farmers don't put up with shit. They can also carry concealed weapons there also.
Who do you think is going to have the upper hand the farmer or the dead trespasser?

I trespass too, but not there! I have been shot up with enough lead pellets and rocks from that shit in Oklahoma when I was a teen doing that shit. It hurt really bad. Especially the pellets. Fuck!! That brings back bad memories.:mad2:

Oh and to correct you. It is a business.  Not a residence. He was on commercial property. Who is to say that they wouldn't leave. The dead person. Come on. That place is so crooked, it's not even funny. I had a sherrif slap a gun on my chest for not obeying the speed limit. I didn't even say anything. That's not legal|!! Fuck the laws in that state. They don't apply when the sheriff or deputy is family.

Oklahomans have too much pride!!

Edited by lipa (08/04/08 10:10 PM)

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