Skip to content

Walk It Through: The Intruder

No duty to retreat, a presumption against a break in, and objective reasonableness in the arrest.

A parent wakes at night to a stranger breaking in through 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. The exceptions to the presumption, defense of property, and claims against the police 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.