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Walk It Through: The Intruder

A presumption at home, no duty to retreat, immunity for justified force, and an arrest made by custody.

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. The exceptions to the presumption, defense of property, and the rules for 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.