Walk It Through: The Intruder
A presumption against a forcible entry, deadly force against listed crimes, no duty to retreat, and force immediately necessary 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. Defense of a third person, defense of property, and the full rules for officers' deadly 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.
- Deadly forceForce a peace officer is justified in using only when reasonably believed immediately necessary to make an arrest or prevent escape, and either the conduct involved deadly force or there is a substantial risk of death or serious bodily injury if the arrest is delayed.
- Not required to retreatThe rule for a person with a right to be where force is used, who did not provoke the other and is not engaged in criminal activity: no retreat is required before using force or deadly force.
- Search warrantA written order issued by a magistrate to a peace officer. None may issue unless sufficient facts first satisfy the magistrate that probable cause exists, on a sworn affidavit, and most search warrants are executed within three whole days.
- Presumed reasonableHow the law treats a belief that force was immediately necessary when the person knew or had reason to believe the other was unlawfully and with force entering their occupied habitation, vehicle, or place of business or employment.