While there is no universal Federal precedent over this topic, it is generally illegal for someone to lay a trap against potential criminal activity. And where the criminal is injured due to the trap, the person who laid the trap can be held liable for the outcome, including facing criminal charges for it.
The readily-cited case in that instance is Katko v. Briney, 183 N.W.2d 657 (Iowa 1971). To be brief, the case involved a shotgun rigged to go off when an inside door was opened. And the Iowa Supreme Court ruled, in short, that there are limits to how far you can go to protect property.
And rigging traps designed to cause injury or death is generally illegal.
Fast forward to modern day when everyone is having packages delivered to their homes on a regular basis, making “porch pirates” a common problem. And in response, bait packages have become a common sight online. While none have (so far) actually killed anyone, lines are being crossed…
To the genius who thought it would be funny to load an Amazon package on their porch with EXPIRED MILK — I’m filing charges… ..
I opened what looked like a normal Amazon delivery while sitting in my car, and it burst open. Rotten milk splashed everywhere — soaking my seats, carpet, clothes, and door panels. The stench hit instantly. Completely disgusting.. .. .
This wasn’t some harmless joke. It was intentional property damage. Expired milk doesn’t just “air out.” It seeps in, curdles, stains, and lingers…. .
Now my car smells like a dairy farm dumpster in the middle of July, and I can’t even sit in it without gagging.. …
So yes, someone will be paying for professional detailing and any related repairs. I refuse to live with sour milk baked into my interior.
Hope those five seconds of laughter were worth it. ….. .
If this porch pirate sued the person who left the bait package, the pirate would prevail. And if the pirate sought criminal charges against the baiter, the baiter could easily face conviction. And it’s simply because of how far they decided to go with the bait package.
Yes, there actually is a line to how far you can go to protect personal property.
The vast majority of the bait packages being left involve things that are generally harmless and more of an inconvenience than anything else. Things like… glitter and colored powders that also make an entertaining display to onlookers and those watching the camera footage after the fact. And it also makes it very easy to identify porch pirates to police, in similar fashion to how pepper sprays now typically include colored or UV-reactive dyes.
But you do have to be careful in how you go about that. Set a trap that causes injury requiring treatment and you could be facing criminal charges alongside the porch pirate. And the criminal charges against you would be far worse than those against the pirate as well.
Sure it’s easy to say “don’t steal”. Briney argued that Katko could’ve avoided getting shot by… not breaking into the farmhouse. Briney even said his only regret was not aiming the shotgun higher – i.e. aiming it so it killed Katko instead of severely injuring him, as if that would’ve been the better outcome. Which is basically arguing that there is no limit to how far someone can go to protect personal property or deter theft. Including setting up an improvised explosive device that kills a porch pirate.
“Well if they weren’t out stealing packages….” Yeah that argument won’t fly.
“They valued the package more than their life.” Umm… no. There are various force disparities that can be anticipated depending on the crime being attempted and the circumstances in which it is attempted. Accosting someone openly in public does carry with it the risk the person you’re accosting is armed. And while breaking into an abandoned building does carry with it the risk of injury, it does not carry the risk of encountering a lethal trap set by the property owner.
And the same with stealing packages off someone’s porch.
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