KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comments on not all new security gadgets are great ideas that you should embrace
June 22, 2024
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Comments on not all new security gadgets are great ideas that you should embrace from article on May 28, 2024
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Ken,
I have not been in law enforcement since 1979. However, it was unlawful to put any type of "booby trap" out, period. Traps cannot tell the difference between criminals or first responders. Regardless of whether the device itself was illegal or not. Since I have been away for a long while, I am clueless as to how a Paint Gun Camera would work out in court, but my guess is not well for the end user. Take care and God bless.
Dennis
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Ken
You mentioned some new security devices that you do not recommend installing.
With the rise in crime I have heard plenty of talk of residential property owners wanting to install barbed wire on roof tops, around garages, etc.
While it is illegal to do so in many communities I would also think this is a major liability to property owner as their insurance carrier would not cover someone getting hurt on it even if they were doing something illegal.
When I'm asked I always tell everyone “Check with local inspector, their lawyer and insurance carrier”. Even for commercial property there are complex rules for its use.
Would you care to comment on it?
Thanks
Nick M
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Response
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Traps that cause injury or death to someone entering property, dwelling or land, cannot distinguish between friend or foe, and is certainly something to be concerned about. However, many if not most states have done away with the concept that a trespasser has no right to be on property and no rights if he comes on property, so a landowner can deal with the trespasser any way, including killing them, trapping them, etc. Even a trespasser is going to be treated as an uninvited guest and you can’t trap or kill them unless your state permits some form of self-defense, which is different among the states. In New York for example you better be able to prove you were acting in self-defense in a life-threatening situation, with no way out, and that you used reasonable means to protect yourself, probably defined as the least necessary steps to protect yourself. Other states, such as Florida, with Do Not Retreat self-defense laws, permit a much more lethal response to a trespasser, especially one intending to do harm.
Keep in mind that the K&K contracts will not protect you if you violate criminal law; no contract will.
And Nick, you give the right advice to your customers who ask; they need to ask their professionals, not you. You are allowed to install equipment which the customer is expected to use lawfully, which is what the K&K contracts provide.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com
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