It's been firmly established that people may use deadly force in self-defense during specific instances where they reasonably believe they face an imminent threat of death or serious bodily harm. That doesn't mean it's okay, as a property owner, to put a bear trap behind your back door or install spiked pits on your property to stop break-ins before they get started. Outfitting your home with booby traps like in the opening sequence of "Raiders of the Lost Ark" might sound like a great deterrent, but it's much more likely to end up in tragedy or serious legal repercussions for you. Plus, those giant rolling boulders are brutal on hardwood flooring.
While laws specifically outlawing the use of booby traps to defend a homeowner's house and property are uncommon, case law indicates that using mechanical devices or tripwires to inflict bodily injury on a trespasser doesn't go well for the property owner. Those who set traps also risk a family member becoming an accidental victim. So before you order anvil to be dropped or a can of tornado pills from Acme, let's examine the arguments against setting booby traps in and around your property.
The Wet Bandits Would Have Died a Bunch of Times
Most states have laws that protect a homeowner's right to defend themselves in their dwelling. Known as the castle doctrine, these rules limit or eliminate a duty to retreat in the home, but they still require a reasonable belief that deadly force is necessary to prevent an imminent threat of death or serious bodily harm. They're often coupled with stand-your-ground laws, which provide further legal justification for employing potentially lethal forms of self-defense and vary widely by state. On the other end of the spectrum is a duty to retreat, which generally means a person must retreat if they know they can do so safely before using deadly force.
There is no single federal statute that broadly bans "booby traps" by name, but federal explosives, firearms, and destructive device laws can apply, depending on the device used. This is also the norm at the state level, although some have specific statutes in place making the practice illegal. That doesn't mean it's a good idea to set up explosive devices or trip wires to thwart porch pirates.
One of the biggest dangers posed by booby traps is friendly fire. Regardless of the device, a trap has no way to differentiate between an innocent trespasser and a foe. It has no mercy or discretion. A shotgun rigged to fire when a door is opened will do so if it's triggered by the homeowner's child, a pet, or a first responder like a firefighter or a police officer.
Another aspect to consider is liability. Even if a trespasser is presented with warning signs or other passive deterrents such as fences, the property owner owes a duty of care that is violated by the inclusion of booby traps intended to cause harm. While criminal charges may or may not be forthcoming, a civil lawsuit seeking damages is likely.
Definitely Courting Trouble
Without laws on the books, judges in cases involving booby traps will refer to other rulings involving such devices to guide the jury. Perhaps the best known of these is 1971's Katko v. Briney, in which the Iowa Supreme Court ruled that a shotgun trap in a neglected farmhouse that seriously injured the leg of a trespasser who thought the property was abandoned did not justify the use of deadly force, as there was no homeowner present in danger of a threat to their life or serious bodily harm.
1974's People v. Ceballos* *involved a teenager being shot in the face by a gun trap while breaking into a garage. The California Supreme Court confirmed that deadly force can't be justified when there's no threat to life present, and reaffirmed that the inability of a trap to know an intruder from a first responder shows that the use of such items displays a reckless disregard for the health and safety of others. The court's ruling upheld a guilty verdict for assault with a deadly weapon.
Courts tend to value life over property. This means installing a weapon that takes another's life without yours being threatened is not likely to be viewed favorably.
So You're Saying the Boiling Oil Isn't a Good Idea?
It's understandable to want to protect your family, home, and property from those who want to take them from you. As tempting as it might seem, rigging doors with loaded crossbows or live wires is likely to end badly for you or someone you love.
If pendulum blade traps are out, what can you do to safeguard your dwelling? The tried-and-true methods remain viable choices. Extra locks, security cameras, and fences offer unmistakable proof that you're marking and defending your property. Posting no trespassing and private property signs also establishes that you've done your best to warn potential interlopers that they risk breaking the law. Coming home to find your place has been robbed is awful, but finding someone slain by one of your traps is far, far worse.
Related Resources
- Homeowner Liability: Invitees, Licensees, and Trespassers (FindLaw's Owning a Home)
- Is it Illegal To Shoot an Intruder? (FindLaw's Criminal Charges)
- Flashing a Gun: Self-Defense or Brandishing? (FindLaw's Law and Daily Life)
