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Thread: In re Wisc Castle Doctrine, "identified as public safety worker." WA Phaux-DEA agents

  1. #1
    Herr Heckler Koch
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    In re Wisc Castle Doctrine, "identified as public safety worker." WA Phaux-DEA agents

    http://www.q13fox.com/news/kcpq-mary...,1047792.story
    Quote Originally Posted by Q13fox
    Armed men pretending to be DEA agents busted into a Marysville apartment late Saturday night, seeking drugs and money, and leaving the people inside no chance to defend themselves.

    “I immediately reached for a something, a blunt object, and before I knew it they were already in the room,” said Alex Cullinane.

    Cullinane was with his girlfriend, another man, and his mother. They were confronted by men armed with assault rifles and handguns.

    When Cullinane’s girlfriend Amber Wiley asked for identification, she was thrown around.

    “He put the gun to my forehead and called me a foul name and told me to get on the bed,” Wiley said of one of the attackers.

    At one point, Cullinane’s mother came out of a back room and was threatened and shouted to the ground with a gun. Later, one of the men ordered another to shoot Wiley. The suspects fled after they realized that the victims did not have drugs or money. The victims reportedly told them that the police had already been called.

    The six suspects, all male, kicked in the door around 9 p.m. All were of unknown race. They wore either ski masks or bandanas and in the end they got away with only the victims’ cell phones. Nobody was injured.

    Police searched the scene and conducted a track using a dog, but were unsuccessful. They believe the suspects were targeting the wrong home.
    H/T to OCDO-WA

    http://forum.opencarry.org/forums/sh...e&goto=newpost
    Last edited by Herr Heckler Koch; 01-09-2012 at 07:49 AM.

  2. #2
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    "Castle Doctrine" statute

    This is the "Castle Doctrine" as it is written in the state statutes as of this date.

    895.62  Use of force in response to unlawful and forcible entry into a dwelling, motor vehicle, or place of business; civil liability immunity.

    895.62(1) (1) In this section:
    895.62(1)(a) (a) "Actor" means a person who uses force that is intended or likely to cause death or great bodily harm to another person.
    895.62(1)(b) (b) "Dwelling" has the meaning given in s. 895.07 (1) (h).
    895.62(1)(c) (c) "Place of business" means a business that the actor owns or operates.
    895.62(2) (2) Except as provided in sub. (4), an actor is immune from civil liability arising out of his or her use of force that is intended or likely to cause death or great bodily harm if the actor reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and either of the following applies:
    895.62(2)(a) (a) The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of business, the actor was on his or her property or present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that an unlawful and forcible entry was occurring.
    895.62(2)(b) (b) The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or had reason to believe that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business.
    895.62(3) (3) If sub. (2) (a) or (b) applies, the finder of fact may not consider whether the actor had an opportunity to flee or retreat before he or she used force and the actor is presumed to have reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person.
    895.62(4) (4) The presumption described in sub. (3) does not apply if any of the following are true:
    895.62(4)(a) (a) The actor was engaged in a criminal activity or was using his or her dwelling, motor vehicle, or place of business to further a criminal activity at the time he or she used the force described in sub. (2).
    895.62(4)(b) (b) The person against whom the force was used was a public safety worker, as defined in s. 941.375 (1) (b), who entered or attempted to enter the actor's dwelling, motor vehicle, or place of business in the performance of his or her official duties. This paragraph applies only if at least one of the following applies:
    895.62(4)(b)1. 1. The public safety worker identified himself or herself to the actor before the force described in sub. (2) was used by the actor.
    895.62(4)(b)2. 2. The actor knew or reasonably should have known that the person entering or attempting to enter his or her dwelling, motor vehicle, or place of business was a public safety worker.
    895.62(5) (5) In any civil action, if a court finds that a person is immune from civil liability under sub. (2), the court shall award the person reasonable attorney fees, costs, compensation for loss of income, and other costs of the litigation reasonably incurred by the person.
    895.62(6) (6) Nothing in this section may be construed to limit or impair any defense to civil or criminal liability otherwise available.
    895.62 History History: 2011 a. 94.

    ----------------------------------------------
    Dwelling:
    895.07 (h) "Dwelling" means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. "Dwelling" includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.
    -----------------------------------------------

    Public Safety Worker:
    941.375(1)(b) "Public safety worker" means an emergency medical technician licensed under s. 256.15, a first responder certified under s. 256.15 (8), a peace officer, a fire fighter, or a person operating or staffing an ambulance.

    Note: Statute 895.62 does not specify the type of identification. i.e. verbal or credentials. I suspect a court of law would require something more substantial than just shouting "police" and breaking down the door, anybody can do that and nullify 895.62 and gain an advantage. But, then again, the Wisconsin court system is heavily "police power" influenced and fickle.

  3. #3
    Herr Heckler Koch
    Guest
    Quote Originally Posted by Captain Nemo View Post
    Note: Statute 895.62 does not specify the type of identification. i.e. verbal or credentials. I suspect a court of law would require something more substantial than just shouting "police" and breaking down the door, anybody can do that and nullify 895.62 and gain an advantage. But, then again, the Wisconsin court system is heavily "police power" influenced and fickle.
    Again, thanks, Captain. We make a mighty duette (the diminutive of duo).

    We can only their identification would be as substantial as the Fourth Amen's warrant.

  4. #4
    Founder's Club Member protias's Avatar
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    Unfortunately we would not be able to defend ourselves because they said they were cops, as Captain pointed out in 895.62(4)(b) (b).

    Wait, this story is false. No criminal would ever say he was a cop! /sarcasm
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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