Booby Trapping & Fortifying Premises Used to Sell Drugs

Booby Trapping & Fortifying Premises Used to Sell Drugs

Hey there, friends! Today we’re gonna chat about something kinda controversial – booby trapping and fortifying places used for selling drugs. Now I know this might raise some eyebrows, but hear me out. As lawyers, it’s our job to look at all angles of an issue, right? So let’s dive in with open minds.

First up, I think we need to define our terms. When we say “booby trapping,” we’re talking about setting up concealed dangers like trip wires, spring guns, or explosives to harm trespassers. And “fortifying” means reinforcing entrances and exits to make access difficult, like installing steel doors, bars on windows, or fences.

Now why would drug dealers want to do this? Well, mostly to protect their inventory and cash from thieves. Makes sense, right? They’re running an illegal biz here – it’s not like they can call the cops if someone robs them. Booby traps and fortifications act as their own little alarm system.

Of course, authorities take a dim view of these tactics. Police see it as criminals endangering officers just doing their job. There’s been some high profile cases where cops were injured by booby traps while serving warrants. No bueno.

And traps don’t discriminate between cops and civilian trespassers. Say some neighborhood kids sneak in on a dare – next thing you know, junior’s missing a leg. That’s why booby trapping is generally illegal across the US.

But! Here’s where things get complicated. There are a few states like Texas that allow fortifying your property through things like fences, floodlights, and steel doors. As long as you’re not setting mantraps to maim, it’s seen as a reasonable right to protect yourself and your home. Just like how many of us have alarm systems legal, yeah?

Now you might think: but drug dens aren’t these dealers’ real homes! True, but courts have upheld fortification for illegal businesses before. Take strip clubs wanting to keep out vandals or thieves – they can put up fences and cameras even though their biz is seedy. So precedent is on the side of fortification for drug houses too in some cases.

But each state has their own laws about this stuff. In California, fortifying a drug premises can be used as evidence of intent to sell. So while barriers might be technically legal, they can still get you in trouble with the law there. Tricky!

Booby trapping though is a big no-no everywhere. Things like spring guns and explosives are considered “deadly devices” under criminal codes across the country. For example in Florida, just possessing or selling traps is a felony under this law.

But even when traps are clearly illegal, dealers still use them. Why? Well, criminal cases have found that desperation leads people to extreme measures when defending their livelihoods.

Like take this dude in Oregon who rigged his marijuana greenhouse with a shotgun trap. When two thieves broke in, buckshot killed one and seriously wounded the other. Yikes! The pot grower got manslaughter charges, even though he claimed he was just protecting his business.

Or this crazy case from Washington state where a drug house had an infrared beam wired to a shotgun. When officers came with a search warrant, it shot one of them point blank in the chest – thankfully he survived since he was wearing a vest. The dealer who set it up got decades in prison.

So while drug dealers may feel booby traps are necessary evils, the law comes down hard when injury or death results. The punishments are severe, ranging from years in prison to even attempted murder charges. The risks clearly outweigh any potential benefits.

When it comes to fortifying though, the law is more nuanced. Things like steel doors and barbed wire fences could be illegal if they’re set up in a way that endangers police or others. But generally barriers to entry are allowed as property defenses, even if the property is used for drug sales.

I know I’ve thrown a lot of legal mumbo jumbo at you here! The main takeaway is that booby trapping is almost always prohibited, while fortifying can be legal in some cases depending on the state. But both are risky propositions for drug dealers that can land them in hot water if used irresponsibly.

As always, laws are open to interpretation and change. And there are exceptions to every rule. So if you ever have clients trying to MacGyver their drug dens into fortresses, be sure to advise them carefully on the nuances in your jurisdiction. It’s a tricky legal minefield out there!

Let me know if you have any other thoughts or questions down below! I know this was a spicy topic but I hope taking a balanced lawyerly look at it was helpful. Stay safe out there and give a shout if you need anything else!