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State (1877), the Indiana court rejected a duty to retreat, saying, [1]: 551–2 [5] "the tendency of the American mind seems to be very strongly against" a duty to retreat. [5] The court went further in saying that no statutory law could require a duty to retreat, because the right to stand one's ground is "founded on the law of nature ; and ...
Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their vehicles or workplaces. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use-of-force ...
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...
Under the common law rule and the rule in a minority of states, the actor must have shown that he or she retreated prior to using deadly force unless: 1) it was not safe to retreat; or 2) the incident occurred at the actor's home. [14] In addition, the Model Penal Code requires retreat or compliance, if it can be done with complete safety. [15]
State v. Abbott, 36 N.J. 63, 174 A.2d 881 (1961), [1] is a landmark case in the American legal doctrine of retreat.In it, the New Jersey Supreme Court unanimously adopted a duty to retreat—a legal requirement that a threatened person cannot stand one's ground and apply lethal force in self-defense, but must instead retreat to a place of safety. [2]
Since the officers had not first obtained a warrant beforehand, their search was unconstitutional, the court said. The court said the police officers violated a basic rule of the Fourth Amendment by physically intruding into the area surrounding a private home for investigative purposes without securing a warrant.
In the U.S., most states apply instead the stand your ground doctrine of self-defense; whereby an otherwise law abiding individual, while in any location they have a legal right to be, enjoys an extremely broad right to self-defense, being under no legal obligation to retreat from an agressor regardless of ease or ability to do so.
Chimel v. California, 395 U.S. 752 (1969), was a 1969 United States Supreme Court case in which the court held that police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach of the person without a warrant. [1]