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Reply #64: Did you read/understand what you linked to? [View All]

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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 10:19 AM
Response to Reply #59
64. Did you read/understand what you linked to?
Edited on Wed Jan-26-11 10:37 AM by Statistical
In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine:
* An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.
* The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties
* The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
* The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
* The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force

The exact language varies from state to state but all that is required is a reasonable belief. There is no "job/duty" to determine if that belief is accurate. Now obviously there are some limits. If someone tells a cop they didn't belief the person intended them harm but killed him because he was tresspassing well that would exclude castle doctrine. Likewise if a homeowner knew the persons "breaking in" had a reasonable reason for being there and shot them anyways that would exclude CD.

If someone breaks into my home and I reasonably believe they are a threat I can use lethal force to stop that threat. If it later turns out they weren't that can't be held against me.
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