Walk It Through: The Intruder
No duty to retreat, deadly force against an unlawful entry, and objectively reasonable force in an 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 house and one night. Vehicles and private property beyond the home, forcible felonies in detail, and claims against an officer 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.
- Objectively reasonableThe test for force in making an arrest: the amount used was objectively reasonable in light of the totality of the facts and circumstances confronting the officer, without regard to the officer's intent.
- No duty to retreatThere is no duty to retreat from a dwelling, residence or vehicle the person is lawfully in, from the person's own private property, or from any other place the person has a right to be.