[dragonwriter]

> > The thief could simply sue under private law.... There's certainly options

> But they won't, because they are a desperate individual who is going around stealing packages from people.

The reason we know about the common law status of booby traps is that trespassers (including burglars) have sure after being injured by them.

So, no, I don't think your “porch pirates won't sue because they are desperate enough to steal” argument is convincing. Especially given that porch pirates often aren't destitute, and theft isn't always motivated by desperation.