Quote:
Originally Posted by gimpy117
Defend...do you mean use force on the officers? As far as I know, Its an established precedent that you are not allowed to use force against another person unless you are threatened, even going so far as to not being able to shoot intruders like burglars unless you can prove there was danger to yourself or others. A Police officer entering you home Illegally isn't an offense that warrants force, so no, as crummy as it sounds I can see why you are not allowed to "defend your home" from somebody who is not putting your safety in danger.
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That varies from state to state. The problem is knowing whether you are threatened. If you catch someone in your home with your television in his hands you can be fairly certain you're not in enough danger to warrant shooting him out-of-hand, but you certainly are able to "detain" him by making him think you may shoot him anyway.
On the other hand if someone kicks in your door you can be pretty sure they have harmful intent, which makes it a problem if it's the representatives of the law doing the kicking. How do you know they're really the police? How do you know the police aren't there to just kill you? You don't.
Here in Utah the law pretty much allows you to shoot anyone who comes into your home without your permission.
Quote:
§ 76-2-405. Force in defense of habitation
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other’s unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
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Emphasis is mine. Notice how they hedged their bets. If you force your way in then you are a threat. If you sneak in, well, you're a threat anyway. If you sneak in and I think you may be a threat, then you're a threat. Basically, if I catch you in my home without my permission, Utah law says you're pretty much screwed. This applies to everyone, including cops.