TexasCHLforum.com

Not really planning on using it for such, but just new and curious: does the Castle Doctrine protect against LEOs? For instance, LEO enters your house without a warrant, what actions are justified? (It doesn't specify that LEOs are NOT included in "people", or is that implicit?)

CJD wrote:Not really planning on using it for such, but just new and curious: does the Castle Doctrine protect against LEOs? For instance, LEO enters your house without a warrant, what actions are justified? (It doesn't specify that LEOs are NOT included in "people", or is that implicit?)

What do you mean by Castle Doctrine? Sections 9.31(b)(2) and 9.31(c) specifically reference arrests and searches by a peace officer.

A LEO does not need a warrant to enter if they have reasonable suspicion that a crime is being committed at the time. Now, that is stretching it a bit far, but if they do enter legally (warrant or not), then as stated, TPC 9.31(b)(2) would come into play and you would not be justified in using force or deadly force unless the amount of force being used was greater than necessary then you hit 9.31(c) exception.

So, Castle Doctrine really doesn't come into play if they are legally performing their duties as LEO's.

Keith B wrote:So, Castle Doctrine really doesn't come into play if they are legally performing their duties as LEO's.

I agree in general. There are rare exceptions but I'm more likely to get hit by lightning.

On the other hand, if someone breaks into a woman's house to rape her, and she shoots to stop the rapist, the law (as written) doesn't care if the rapist is a LEO or RSO.

tacticool wrote:

Keith B wrote:So, Castle Doctrine really doesn't come into play if they are legally performing their duties as LEO's.

I agree in general. There are rare exceptions but I'm more likely to get hit by lightning.

On the other hand, if someone breaks into a woman's house to rape her, and she shoots to stop the rapist, the law (as written) doesn't care if the rapist is a LEO or RSO.

Don't think that would be constituted as legally performing his duties. The only ones that can legally do that are Politicians and The IRS.

Keith B wrote:

tacticool wrote:

Keith B wrote:So, Castle Doctrine really doesn't come into play if they are legally performing their duties as LEO's.

I agree in general. There are rare exceptions but I'm more likely to get hit by lightning.

On the other hand, if someone breaks into a woman's house to rape her, and she shoots to stop the rapist, the law (as written) doesn't care if the rapist is a LEO or RSO.

Don't think that would be constituted as legally performing his duties. The only ones that can legally do that are Politicians and The IRS.

At least politicians can be recalled... The IRS...?

Thanks for the responses!