Can you defend your attached garage as you would your home?

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  • NHT3

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    I understand when an intruder enters your home self defense is in order but what about entering an attached garage? Someone enters your garage with thievery in mind and you have no idea IF they are armed. Shoot? No Shoot? Seems like you should have some other option than politely asking them them to leave? What's your thoughts INGO.
     

    KellyinAvon

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    I understand when an intruder enters your home self defense is in order but what about entering an attached garage? Someone enters your garage with thievery in mind and you have no idea IF they are armed. Shoot? No Shoot? Seems like you should have some other option than politely asking them them to leave? What's your thoughts INGO.
    I lean towards attached garage equals part of your home equals Castle doctrine. With that said I would hate to be the test case in that matter.

    Where I’m sitting? I don’t think it would be an issue. Four miles east of where I’m sitting? Or in Monroe County? I’d be very concerned.
     

    KokomoDave

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    Curtilage is considered the area around your home. Domicile is the house. Garage attached or not, you will have to be able to articulate why you used deadly force i.e. feared for one's life as the subject tried to murder me, et al.
     

    COOPADUP

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    Curtilage is considered the area around your home. Domicile is the house. Garage attached or not, you will have to be able to articulate why you used deadly force i.e. feared for one's life as the subject tried to murder me, et al.
    That’s interesting Dave. So if you engage a thief breaking in your detached garage or say your barn, then you cannot use your weapon to protect your property? Or is this a fine line-meaning you are not being threatened with your life?
     

    Sylvain

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    It's not just about the legality of things, it's also about tactics.

    Should you even go to your garage in that scenario?

    If the garage is attached to your house (I assume you're in your house, with maybe your family) is your best option to open the door leading from the house to the garage?

    Especially when you don't know how many people could be there in the first place.

    Are you leaving that door open behind you if you do decide to go to the garage?

    Are you sure nobody is sneaking in behind you to enter your house as you go to the garage and potentially around the house to look for intruders?

    Are there any other people in the house that you might leave defenseless by leaving the house to go to the garage?
     

    wcd

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    That’s interesting Dave. So if you engage a thief breaking in your detached garage or say your barn, then you cannot use your weapon to protect your property? Or is this a fine line-meaning you are not being threatened with your life?
    If he is breaking into my Barn he already has bigger problems than me engaging him. I would simply set back and enjoy the show.

    interesting scenario though. Most people would go out and see what is going on in the event of a suspected break in. If it came down to it if he posed a threat your right to self defense stays with you, unless you are in New York.
     

    wcd

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    It's not just about the legality of things, it's also about tactics.

    Should you even go to your garage in that scenario?

    No if it’s attached to your home, best to stay put and see what transpire. There is a reason why room clearing is done in teams
    If the garage is attached to your house (I assume you're in your house, with maybe your family) is your best option to open the door leading from the house to the garage?

    Especially when you don't know how many people could be there in the first place.

    Are you leaving that door open behind you if you do decide to go to the garage?

    Are you sure nobody is sneaking in behind you to enter your house as you go to the garage and potentially around the house to look for intruders?

    Are there any other people in the house that you might leave defenseless by leaving the house to go to the garage?

    Bingo
     

    gregr

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    It's not just about the legality of things, it's also about tactics.

    Should you even go to your garage in that scenario?

    If the garage is attached to your house (I assume you're in your house, with maybe your family) is your best option to open the door leading from the house to the garage?

    Especially when you don't know how many people could be there in the first place.

    Are you leaving that door open behind you if you do decide to go to the garage?

    Are you sure nobody is sneaking in behind you to enter your house as you go to the garage and potentially around the house to look for intruders?

    Are there any other people in the house that you might leave defenseless by leaving the house to go to the garage?
    My "tactics" say that if someone has broken into my attached garage, they now have direct access to my HOUSE, and thereby, to my family. I must use any force necessary to protect my family from these invaders. PERIOD.
     

    bwframe

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    Why leave the relative safety of your home to possibly confront an armed intruder?
    Good advice!

    Us folks that are rural are a little more play it by ear. Cops are 30 minutes out, if nothing much else is happening in the county.

    Armed intruder out here? Prolly looking for something more than property...
     

    Sylvain

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    A lot of garages have tools in them making an entry into a home even easier. A lot of items found in a garage can also be used as weapons as well. If you are physically and mentally up to the challenge of confrontation, I believe the current laws are in your favor.
    That's another reason why you don't go to the garage, to avoid getting hit in the face by your own shovel.

    Plus it's more comfortable to wait in the leaving room.

    51iKMjumJ3L._AC_.jpg
     

    Jaybird1980

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    So, what if you are already in the garage when Intruder visits?

    Also, is Breaking and Entering a forcible felony?

    (c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.  However, a person:

    (1) is justified in using deadly force;  and

    (2) does not have a duty to retreat;

    if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.  No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.


    According to section 35-43-2-1 of the Indiana Code, breaking and entering into the building or occupied structure of another person with the intent to commit a felony or theft is illegal. Individuals who violate this statute may be charged with burglary. Indiana typically classifies burglary as a Level 5 felony.
     
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    COOPADUP

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    So this still begs the question. You here a stir in your backyard, you see motion around an outbuilding such as a detached garage or barn. You grab your night stick, bat, CZ, then investigate to find an ***hole stealing your stuff, are you in the right to engage and if need be, drop the perpetrator?
     

    Snapdragon

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    My "tactics" say that if someone has broken into my attached garage, they now have direct access to my HOUSE, and thereby, to my family. I must use any force necessary to protect my family from these invaders. PERIOD.
    I put a steel door and a deadbolt between my attached garage and my house as soon as we moved in.
     

    rooster

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    It's not just about the legality of things, it's also about tactics.
    Legally in today’s climate, it might be muddy waters at best.

    second the tactics motion, leaving a stronghold position may not be tactically the right thing to do.

    all depends on your particular situation though. How far out is backup? Personally there is nothing in my garage worth dying over, and make no mistake about it dying when confronting an intruder is a real possibility.

    personally I can envision a lot of scenarios in which if one could see the attached garage and knew someone was in it you could probably post up in a window and see if they were going to hit the house after the garage. They move on with just stuff from the garage then I don’t send rounds down range. Move towards the house and my immediate dwelling and then The tactical situation just changed.
     
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