Walk It Through: The Intruder
Force no more than necessary, homicide justifiable against a felony in the dwelling, and force only to the extent 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 property alone, the special verdict on self defense, 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 may use only when necessary to protect against an immediate threat of serious physical injury or death, meaning it is objectively reasonable to believe the person has the present and apparent ability, opportunity and intent to cause it.
- Duty to interveneAn on duty peace officer's duty, on witnessing another officer using or attempting excessive force, to intervene when in a position to do so and to render aid to anyone injured.
- Search warrantThe authority, issued upon a complaint as the law provides, without which no police officer or other peace officer may enter and search a private dwelling house or place of residence.
- Not more than is necessaryThe limit on force a person about to be injured may use to prevent an offense against their person, or a malicious trespass or interference with their property.
- Reimbursement for self defenseWhat the state pays a person found not guilty by reason of self defense: reasonable costs, including lost time and legal fees, where the claim was sustained by a preponderance of the evidence.
- Resisting arrestIntentionally preventing or attempting to prevent a peace officer from lawfully arresting oneself, a misdemeanor.