Gage Glassnor

Dr. Mantzopoulos
Criminal Law & Procedure

People v. Ceballos
526 P.2d 241
California Supreme Court (1974)
Facts: Mr. Ceballos the defendant, lived in San Anselmo California. He regularly slept in the
garage below the location of his sleeping quarters where he also had $2,500 worth of property
stored. In the past he had tools stolen out of his garage and noticed the locks on the garage
were bent and pried open. This is when the defendant set up a trap involving a .22 caliber pistol
mounted and aimed at the center of the garage. On a day when he was out of his home two
teenagers aged 16 and 15 noticed that no one was home and began to break in. It was at that
point that one of the boys was shot in the face with a bullet. The boy did survive and testified
on his behalf saying he was unsure If he was going to steal anything but was going to look
around. Ceballos was arrested and found guilty of assault with a deadly weapon. The defendant
argued that if he were present during the time that the trap went off it would not warrant the
use of excessive force. And whether he did it indirectly or not the results of the burglar being
shot would remain the same.
Legal Question: The legal question is, did the use of a trap gun constitute excessive force?
Holding: Yes

Opinion: In the United States courts have ruled in the past that a person can be held criminally
liable under statutes with homicides and shooting with intent to injure, or civilly liable, if they
set mechanical devices up that are meant to harm or injure a person. Exceptions for this matter
do occur if there is a considerable risk of harm and if the person were present the killing or
injury would be justified. This is best seen with the California Penal Code where it is justifiable
when: resisting any attempt to murder a person, or if a felony is being committed and great
bodily harm to a person could happen. Or if it is in defense of your property, habitation, or
person where one greatly manifests the intention or endeavor, by violence or surprise, to
commit a felony. In this case the defendant did not meet the standards that would create the
fear of great bodily harm. Due to the fact that only the burglars were on the premises and upon
being present he would realize that there was no justification for the use of deadly force to kill
or injure.