Walk It Through: The Intruder
Reasonable means against an intruder, no duty to retreat at home, and force after de-escalation in the arrest.
A parent wakes at night to a stranger forcing open the back door.
Two things a person in this spot might do. Picking one shows what the law says about it.
One night and one break in. Self defense outside the home, defense of property, and the full limits on officers' force are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- ChokeholdA restraint a law enforcement officer does not use; officers are also not trained in neck restraints that limit a person's breathing or blood flow.
- De-escalation tacticsWhat a law enforcement officer attempts before using physical or deadly force, unless they have failed or are not feasible on the totality of the circumstances.
- No duty to retreat at homeThe rule for an occupant of a dwelling facing someone unlawfully in it: there is no duty to retreat before using reasonable means of defense.