Respectfully you interjected the store clerk scenerio.Someone in my garage, is someone in my house.
Is there some kind of magic field that makes the living room/bedrooms/kitchen safe?
Respectfully you interjected the store clerk scenerio.Someone in my garage, is someone in my house.
Is there some kind of magic field that makes the living room/bedrooms/kitchen safe?
Respectfully you interjected the store clerk scenerio.
I know, right?
But there are plenty of home commandos right here, posting in this thread, that seem to have no sense of the gray - that all is black and white. That ANY uninvited person is going to be shot regardless of circumstances. That's damned foolish.
I'd look at your quoted code again. "Reasonable" is the test for a lot of situations, but NOT for your home, curtilage or occupied motor vehicle.Whatever you do has to meet the "reasonable" test. There are several levels of force between zero force and deadly force that could be reasonable depending on the circumstances.
[1] - Indiana Code 35-41-3-2
Let me interject. Yes you have more protections with an attached garage. A lot of time physical layout can be a factor. Even though you as a homeowner has a right to be there I have seen a few cases in my Municiple LE career where Prosecutors have seriously consideted or actually charged the homeowner. Usually because of a bad shoot (and usually over property only as the Honeowner if pumped up) And one where the kid was unarmed and shot while he ran away and they did not charge the homeowner.Well, the initial question is, does an attached garage count as part of the "house".
Yes. It does.
You state what should be obvious. Dont shoot anyone running away. Not good.Let me interject. Yes you have more protections with an attached garage. A lot of time physical layout can be a factor. Even though you as a homeowner has a right to be there I have seen a few cases in my Municiple LE career where Prosecutors have seriously consideted or actually charged the homeowner. Usually because of a bad shoot (and usually over property only as the Honeowner if pumped up) And one where the kid was unarmed and shot while he ran away and they did not charge the homeowner.
And more importantly were they just kids snooping, a drunk neighbor in the wrong house Or did someone attack you when you confronted them etc????
Articulation is important if its the latter Just because you could be legally covered doesn't always mean you should. And Prosecutor Discretion plays a big part. And for that it often take $$$ and a good Attorney.
So like the question can you use deadly force because someone is in an attached garage? It depends!
Again just respectfully discussing
I'm looking at the section quoted below... the use of force must be "reasonable" and "reasonably" necessary for home, curtilage or occupied vehicle.I'd look at your quoted code again. "Reasonable" is the test for a lot of situations, but NOT for your home, curtilage or occupied motor vehicle.
BTW: Lots of courts cases out there regarding "curtilage". All agree that the attached garage most certainly is, and even the area around your house is included (hence, the definition).
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
I'm looking at the section quoted below... the use of force must be "reasonable" and "reasonably" necessary for home, curtilage or occupied vehicle.
Are you seeing something else?
Yes. The words right after that part.I'm looking at the section quoted below... the use of force must be "reasonable" and "reasonably" necessary for home, curtilage or occupied vehicle.
Are you seeing something else?
This is the second time you've made this up; who is saying this? Sorry if I missed it, but please find this quote if it's in here.I know, right?
But there are plenty of home commandos right here, posting in this thread, that seem to have no sense of the gray - that all is black and white. That ANY uninvited person is going to be shot regardless of circumstances. That's damned foolish.
No, there is NOT any difference. When you`re being robbed and confronted by a thug who has broken into your HOME, you ARE AT RISK. These thugs put themselves in this plight by believing they may enter YOUR place at will.Different scenerio Someone in your space robbing your person is a LOT different than someone in a garage
Each and every part of that has a reasonableness disclaimer... which would be determined by a prosecutor/grand jury/jury. Shooting a burglar in the back while he's poaching tools from your tool chest in the garage... might not fly.Indiana Code Title 35. Criminal Law and Procedure § 35-41-3-2 | FindLaw
Indiana Title 35. Criminal Law and Procedure Section 35-41-3-2. Read the code on FindLawcodes.findlaw.com
(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.
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
Right after (d) is (e)Yes. The words right after that part.
which includes reasonableness qualifiers AND must be justified under (c) which is the standard stand your ground self defense from imminent death or serious bodily injury. (that little dangly sentence fragment at the end applies to the whole section)(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (c).
They don't call it the Region for nuthin'I guess home invasions up here are a bit different.
They don't call it the Region for nuthin'
I defend my outbuildings as my own home. Heck I defend my property that way as well especially at night. Unless I'm told someone is coon or coyote hunting that night.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.