Homeowner chases thief.(Exercising The Right)

On December 9, 2003, Mr. and Mrs. Jorge Portillo, their two daughters, and a few other family members (including Mr. Portillo's father) gathered together at the Portillo home in west Phoenix, Arizona, to hang Christmas lights. Shortly after finishing, Jorge Portillo remembered that he had left the garage door open. When he went to close it, he saw a man run from the garage, throw something into a pickup truck, and drive off. The stolen item was a drill Portillo had borrowed to assist with hanging the lights.

Portillo ran back to the house. As his wife locked their children in a bedroom and her sister called 911, he grabbed both a gun and the keys to his father's truck. Portillo and his father then jumped into the truck and began searching for the thief. Portillo told the December 11 Arizona Republic that he wanted to stop the suspect because he thought police might not otherwise be able to track him down.

Initially, the Portillos failed to spot the getaway vehicle, and when Mrs. Portillo called to say that police had arrived at the residence, they abandoned the search and headed back home. On the way, however, ...