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Can you shoot a perpetrator outside your business or vehicle?

Can you shoot a perpetrator outside your house?

Home, car, business if you have a presumption of fear with somebody breaking in you can shoot him.

Protected by "Stand Your Ground"

What we don't want to do ever is shoot through a door," Fowler added.

Fowler says if an intruder is trying to get in your front door or a window, it does not give you the legal right to shoot.

"Until they make the breach, until they enter, you shouldn't shoot," says Fowler.

The intruder must enter your home before you pull the trigger. You can't just shoot a person for coming onto your property.

Duty Retreat

Does a police officer have the right to use deadly force if someone breaks into his house?

The duty to retreat states that a person who is under an imminent threat of personal harm must retreat from the threat as much as possible before responding with force in self-defense.

N/A

TENNESSEE'S

What the stand your ground have done is removed the duty of retreat.

Stand Your Ground

CASE

Stand your ground laws generally state that, under certain circumstances, individuals can use force to defend themselves without first attempting to retreat from the danger.

Police say a 31-year-old man was leaving the Family Dollar store when two men tried to rob him. The two suspects were armed with a handgun.

"It's sad," said neighbor Kim Crutcher. "You can't go anywhere."

The victim got the gun and shot the 25-year-old suspect, later identified as Thomas Odom. The other suspect then shot the robbery victim. That suspect left the scene in the victim's car, a Nissan Altima.

He was justified because his life was in danger by the suspects having handguns. And the other suspect who ran away is not protected because he was committing an unlawful act

Tennessee is one of the twenty states that "Stand Your Ground" applies to.

DOCTRINE

CASTLE

Castle Doctrine

Does your neighbor have the right to protect your property?

Tennessee law provides a person the presumption that they have a "reasonable belief that there is an imminent danger of death or serious bodily injury," when the person using deadly force is inside their: residence, business, dwelling, and vehicle

No, not even the owner of the property can protect it. Deadly force is NEVER PERMITTED to protect personal property or real estate.

"...a person is not justified in using deadly force to prevent or terminate the other’s trespass on real estate or unlawful interference with personal property.” Tennessee Code section 39-11-614 (c)

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