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Castle Doctrine Question
- Thread starter Mark 1911
- Start date
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ashby koss
Shooter
1) I am not a lawyer
2) I THINK it’s stand your ground when not IN “your castle”
2) I THINK it’s stand your ground when not IN “your castle”
The use of force statute refers to an "occupied motor vehicle."
Indiana Code 2019 - Indiana General Assembly, 2020 Session
Indiana Code 2019 - Indiana General Assembly, 2020 Session
^^^True stuff there Denny...I made a print of this to set to memory..THANKS Bill...
No way am I a lawyer, But:
^^^From the IC 35-41-3-2 (c) covers any Legal Person ANYWHERE in the State of Indiana. (I guess ?? that would include that person on a bicycle??)
To me, sub section d, and e cover a persons dwelling, curtilage, or occupied motor vehicle...
AGAIN IANAL, BUT I printed out the link that Denny posted, and that's the way I read it...Bill.
^^^From the IC 35-41-3-2 (c) covers any Legal Person ANYWHERE in the State of Indiana. (I guess ?? that would include that person on a bicycle??)
To me, sub section d, and e cover a persons dwelling, curtilage, or occupied motor vehicle...
AGAIN IANAL, BUT I printed out the link that Denny posted, and that's the way I read it...Bill.
You have a rhyte to feel safe in your home, car, hotel room, and don't have the duty to retreat. It has something to do with an unknown threat behind your door. Once inside though, you're dealing with a known threat, something you can see. Someone walking out with your tools is not a threat. Someone threatening you with your screwdriver is a threat. IANAL but I don't think you have a duty to retreat at this point in your own home, as you would try to go the other way out in the wild.
Yeah it's in there. Don't have to retreat and justified against imminent unlawful force. In your dwelling, motorized vehicle, cartilage.
Yeah it's in there. Don't have to retreat and justified against imminent unlawful force. In your dwelling, motorized vehicle, cartilage.
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There are a lot of factors considered other than a simple castle doctrine scenerio. I know this case because I delt with the deceased when I worked Municiole LE. There was a case in Vigo county 20 some years ago where a burglar age 30 was shot in the back of the head with a 30 30 from the home owner.
The kid was fleeing after being challenged in a garage workshop. I believe the Workshop was detached which usually changes ones ability to use deadly force without certain factors. The guy shoulder bumped the older homeowner knocking him to the ground (more trying to get away to an exit than an attack) homeowner couldnt see as glasses were knocked off. At that point he sort of hip shot making contact.
The reason the Prosecutor didn't charge the home owner was (and he even answered questions on the news about it) 1 the home owner has the right to be there the bad guy did not. and 2 the Prosecutor broughtnuo a force disparity issue with being knocked to the ground and vision obscured. And 3 even if he went to trial they would have never convicted him.
Only difference if one of those factors OR if that happened in another jurisdiction the outcome could be bad.
A lot of the time with SOME Prosecutors it's not about right or wrong but can they win the case. Remember you might just be a number depending on where you live. Make sure you can prove it was by the numbers.
Thanks for all the good info guys. I ask because I spent a lot of time outdoors on the bike last year, and am hoping to increase my outdoor miles this year.
I know most Americans are good and decent people, my concern with this crisis is for that small minority that are not, and perhaps an increased desperation in some. If it really comes down to the use of deadly force, I hope it never happens but bicycle or no bicycle, if it does come down to that I hope to come out of it alive.
And Denny, with all this extra time at home lately, I think I will heed your advice and go brush up on 35-41-3-2 and 35-41-3-3.
I know most Americans are good and decent people, my concern with this crisis is for that small minority that are not, and perhaps an increased desperation in some. If it really comes down to the use of deadly force, I hope it never happens but bicycle or no bicycle, if it does come down to that I hope to come out of it alive.
And Denny, with all this extra time at home lately, I think I will heed your advice and go brush up on 35-41-3-2 and 35-41-3-3.
Just remember if you or another innocent is in danger of life or serious injury deadly force is allowed. I doubt that you can use deadly force on anything else. I'm not a lawyer just using what I read and trying to understand the current law. If I'm wrong please correct me
As long as you can articulate your actions were to protect from death or SERIOUS bodily injury to a person and not simole.priperty loss (or etc) I'd suggest reviewing IC, go to any of the legitimate legal seminars throughout and if IF ever involved. As many well vetted Leo's and Trainers and Lawyers have said. Seek competent Legal Help BEFORE you make a statement unless your 150% sure of yourself
