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Old January 26, 2014, 05:10 PM   #39
peacefulgary
Senior Member
 
Join Date: January 26, 2011
Location: USA
Posts: 714
Quote:
Suspect banging on back door at 4am this morning...

Someone was setting off our back yard motion detector lights multiple times, banging on our back door several times.
I'm not sure that "suspect" is the correct term at this point as no crime has been committed.

As far as I know it is not illegal to knock on someone's door, even at 0400.


I would have turned on the outside floodlights and asked through the door, with pistol in my hand, "Who's there and what do you want?".
It might be a neighbor in need or some drunken idiot who has the wrong house.

Now if they tried to force their way in to my home, well, here is the NC statute that covers such a scenario...

Quote:
§ 14-51.2. Home, workplace, and motor vehicle protection; presumption of fear of death
or serious bodily harm.
(a) The following definitions apply in this section:
(1) Home. – A building or conveyance of any kind, to include its curtilage,
whether the building or conveyance is temporary or permanent, mobile or
immobile, which has a roof over it, including a tent, and is designed as a
temporary or permanent residence.
(2) Law enforcement officer. – Any person employed or appointed as a
full-time, part-time, or auxiliary law enforcement officer, correctional
officer, probation officer, post-release supervision officer, or parole officer.
(3) Motor vehicle. – As defined in G.S. 20-4.01(23).
(4) Workplace. – A building or conveyance of any kind, whether the building or
conveyance is temporary or permanent, mobile or immobile, which has a
roof over it, including a tent, which is being used for commercial purposes.
(b) The lawful occupant of a home, motor vehicle, or workplace is presumed to have
held a reasonable fear of imminent death or serious bodily harm to himself or herself or another
when using defensive force that is intended or likely to cause death or serious bodily harm to
another if both of the following apply:
(1) The person against whom the defensive force was used was in the process of
unlawfully and forcefully entering
, or had unlawfully and forcibly entered, a
home, motor vehicle, or workplace, or if that person had removed or was
attempting to remove another against that person's will from the home,
motor vehicle, or workplace.
(2) The person who uses defensive force knew or had reason to believe that an
unlawful and forcible entry or unlawful and forcible act was occurring
or
had occurred.
In NC, you can use deadly force to PREVENT someone from breaking in to your home (even if your home is a tent) if you have reason to believe that they are doing so to cause you great harm or kill you.
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