'TikTok Door Kick Challenge'

[KG1]

Yeah I remember that now. There is also an idiot YTuber that roams around the hood on his channel and tries to prank g-banger types then runs away. Just plain stupid **** but he has quite a few subscribers.

 

[HoughMade]

Your "curtilage" is what a court later says it is. The presence of a fence/gate is a factor, but not determinative of what curtilage is or is not.

 

[Thor]

"Dont get out of the boat" comes to mind.

I'd say an overzealous prosecutor would have a field day with that one. "If you were so afraid for your life, why did you go outside to confront them?"

Shooting through the front door you could at least articulate a fear for your life because you were afraid he would breach the door and then your life would be in eminent danger.

"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."

Does not seem to indicate a fear for your life is required. I do agree with don't get our of the boat in most cases...or at least check my surveillance cameras.

 

[bobzilla]

Your "curtilage" is what a court later says it is. The presence of a fence/gate is a factor, but not determinative of what curtilage is or is not.

standing in my house considered my curtilage?

 

[HoughMade]

standing in my house considered my curtilage?

No. It's your dwelling. Curtilage is "The land immediately surrounding and associated with a home..." Oliver v. United States, 466 U.S. 170, 180, 104 S.Ct. 1735, 1742, 80 L.Ed.2d 214, 225 (1984). "The curtilage is defined on a case-by-case basis by reference to factors that determine whether a person's expectation of privacy in the area adjacent to the home is reasonable and analysis whether the area embraces the intimacy associated with the sanctity of the home and privacies of life." Id.

Holder v. State, 847 N.E.2d 930, 936 (Ind. 2006).

 

[printcraft]

Your "curtilage" is what a court later says it is.

Ah, so it's a gray area around your house...

 

[firecadet613]

Ah, so it's a gray area around your house...

Maybe. A locked gate with a no trespassing sign where there's a break in the forest, would be black and white IMO.

 

[printcraft]