this post was submitted on 14 Apr 2024

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San Francisco woman describes tow truck trying to nab her moving car (abc7.com)

submitted 11 months ago by [email protected] to c/[email protected]

13 comments fedilink hide all child comments

Carjacking on a different level

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[–] [email protected] 95 points 11 months ago (1 children)

This should be treated as an attempted kidnapping.

[–] [email protected] 31 points 11 months ago

Which it totally is

[–] [email protected] 56 points 11 months ago (1 children)

This is just bizarre, and definitely the police should be looking into. The story mentions the company's been illegally towing, but surely no-one of them were while they were driving - I don't see what the tow truck driver's plan could be.

Also, I watched the video and they mention the model and year of the almost-victim's car which seemed weird information to add in.

[–] [email protected] 25 points 11 months ago (1 children)

The plan was to grab the car and then call the cops if she doesn't pay the drop fee. Unless you have people filming your botch job noone is dropping that fee without a flight.

[+] [email protected] 17 points 11 months ago* (last edited 9 months ago) (1 children)

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[–] [email protected] 13 points 11 months ago (1 children)

"Castle Doctrine" is the presumption that a person attempting to unlawfully enter your home poses a credible, criminal, imminent, deadly threat to any occupant, justifying a forceful response by, or on behalf of the occupants.

In most states, "Castle Doctrine" extends to one's car as well as their home. Further, hooking an occupied car could be considered carjacking and kidnapping, both of which justify a forceful response by or on behalf of the occupants of the vehicle.

In most states, the occupants of the car and/or any bystanders would be justified in stopping this tow truck driver at gunpoint, or with gunfire.

[+] [email protected] 2 points 11 months ago* (last edited 9 months ago) (1 children)

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[–] [email protected] 11 points 11 months ago (1 children)

"Problematic" is an individual attacking you with a tow truck.

Individuals realizing that their lives are forfeit should they decide to attack is not at all problematic. Their subsequent decision to not engage in that attack is the exact opposite of problematic: that voluntary decision not to become a violent criminal is the best solution possible. There is no crime when the would-be criminal decides against perpetrating it.

"Problematic" is looking at people who stop such attacks and believing their defensive force to be a bigger problem than the attack itself. That attitude, in the mind of a would-be criminal, leads them to a different decision.

[+] [email protected] 1 points 11 months ago* (last edited 9 months ago) (1 children)

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[–] [email protected] 7 points 11 months ago (1 children)

I am not discussing morality here. I am describing the laws regulating the use of force in self defense and defense of others. I am discussing some of the legal principles of self defense and defense of others.

Legally, if the article is an accurate reflection of the circumstances, the driver of this tow truck established all the criteria necessary for an individual to shoot him until his criminal threat had ended.

I don't mean to suggest that shooting him is the preferred solution. Rather, I am trying to suggest that the tow truck driver was either unaware of or unconcerned with that possibility as he engaged in his attack. Had he been aware of or concerned about that possibility, he would not likely have engaged in such egregious behavior.

[+] [email protected] 1 points 11 months ago* (last edited 9 months ago) (1 children)

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[–] [email protected] 4 points 11 months ago (2 children)

He's not stealing the car. That would merely be a property crime, and you can't use lethal force in defense of property. (You can use less than lethal force, though, and if the attacker escalates from property crime to crime of violence, additional force would be justified.)

No, because the car is occupied, it's not a property crime, but a crime of violence. And again, in many states, Castle Doctrine extends to one's occupied vehicle as well as their home: any deliberate attack on the occupied car is presumed to be a violent attack on the occupants.

[–] [email protected] 1 points 11 months ago

This is Cali, all bets are off.

[–] [email protected] 46 points 11 months ago

Being barred from city contracts is definitely not enough. The owners and drivers need to be charged and blacklisted from ever owning or operating such business again.

[–] [email protected] 6 points 11 months ago

Even if this was a repo, it would be illegal. This guy is lucky he didn't get shot.