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Alarm goes off at neighbor's house, friend checks it out, is stopped and handcuffed

J

jackrockblc

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Jefferson County, CO
It's my understanding that the LEO is correct. Even Castle Doctrine rarely protects somebody in their OWN home, if the homeowner was outside, found the door open, then went inside.

The basic idea is that your friend went into the threat area, instead of the BG threatening your friend.

JackRock
 
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Primus

Primus

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jackrockblc said:
It's my understanding that the LEO is correct. Even Castle Doctrine rarely protects somebody in their OWN home, if the homeowner was outside, found the door open, then went inside.

The basic idea is that your friend went into the threat area, instead of the BG threatening your friend.

JackRock
Click to expand...

Agreed. But I guess it would be state dependent. I suppose if a state had a stand your ground law that didn't require you to retreat then you could use that as a defense. But I still say clearing the house is going above and beyond the scope of that defense.

It'd be like responding to a bank robbery because your wife works there. Could you fly across town because she called you or your heard it on the news? Could you then insert yourself in danger and shoot the robber legally and claim defense of others?

Sent from my XT907 using Tapatalk
 
J

jackrockblc

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Joined
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Messages
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Jefferson County, CO
Primus said:
Agreed. But I guess it would be state dependent. I suppose if a state had a stand your ground law that didn't require you to retreat then you could use that as a defense. But I still say clearing the house is going above and beyond the scope of that defense.

It'd be like responding to a bank robbery because your wife works there. Could you fly across town because she called you or your heard it on the news? Could you then insert yourself in danger and shoot the robber legally and claim defense of others?

Sent from my XT907 using Tapatalk
Click to expand...
Exactly. Standing your ground is one thing. Actively advancing into danger from a position of relative safety is entirely different. Hence, my earlier response about what Castle Doctrine surprisingly doesn't protect (in some jurisdictions).

JackRock
 
BB62

BB62

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Cincinnati, Ohio, USA
jackrockblc said:
...Even Castle Doctrine rarely protects somebody in their OWN home...
Click to expand...

jackrockblc said:
Please look at the whole sentence, not a fragment.
Click to expand...

jackrockblc said:
...Even Castle Doctrine rarely protects somebody in their OWN home, if the homeowner was outside, found the door open, then went inside....
Click to expand...
(my bold)

I misread it due to poor punctuation. Okay, I still disagree. On what court decisions do you base your conclusion?
 
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stealthyeliminator

stealthyeliminator

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Texas
Primus said:
Agreed. But I guess it would be state dependent. I suppose if a state had a stand your ground law that didn't require you to retreat then you could use that as a defense. But I still say clearing the house is going above and beyond the scope of that defense.

It'd be like responding to a bank robbery because your wife works there. Could you fly across town because she called you or your heard it on the news? Could you then insert yourself in danger and shoot the robber legally and claim defense of others?

Sent from my XT907 using Tapatalk
Click to expand...

Rightfully? Absolutely, without question. Legally? TBD.
 
MAC702

MAC702

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"Castle" doctrine may or may not apply, depending on state and circumstances.

But most "no duty to retreat" (often poorly misnamed as "Stand Your Ground") laws would apply.
 
B

Bikenut

Guest
Some food for thought....

If you came home and your own front door/back door was open or a window was broken would you "clear" your own house or wait for the cops?

And if you would wait for the cops at your own house why would you go "clear" the neighbors house instead of waiting for the cops?
 
MAC702

MAC702

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Valid questions, but it is still your decision, not a cop's, to make.

It may be something very easy to "clear" and determining that no one is there and a door was accidentally left open will save a lot of cop's time to do more important things.

The cop may not be any better or safer at "clearing" it, anyway. Why risk a public servant for your own security lapses?

I am NOT saying you should "clear" the house. I'm saying it is your call to make.

Here is an outstanding anecdote about what can happen if you call the cops to clear it for you: http://www.reviewjournal.com/vin-suprynowicz/handcuffed-disarmed-obeying-law
 
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