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MLeake · August 10, 2009, 05:57 PM

...according to the OP's description.

He pounded, once, on the window of the back door as he came around the vehicle, then stood outside the driver's window screaming, but there was no further physical contact, unless the OP simply left that part out of his description.

One rap on a window where nobody was seated, as the guy continued moving, does not constitute a reasonable belief that the guy is breaking into the vehicle. Not saying it's appropriate behavior, or sensible, but it doesn't pose a serious threat to life and limb.

Florida's castle doctrine, which does extend to vehicles, would not allow you to shoot some guy acting like an idiot outside the front door of your house. It would allow you to do so if he were actively kicking your door in. Same concept here. Guy was acting like an idiot outside the door, not smashing out the glass.

Responding officer should have arrested at least one of the parties, and probably both.

August 10, 2009, 05:57 PM	#212
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	He wasn't pounding on the window when the gun was pointed... ...according to the OP's description. He pounded, once, on the window of the back door as he came around the vehicle, then stood outside the driver's window screaming, but there was no further physical contact, unless the OP simply left that part out of his description. One rap on a window where nobody was seated, as the guy continued moving, does not constitute a reasonable belief that the guy is breaking into the vehicle. Not saying it's appropriate behavior, or sensible, but it doesn't pose a serious threat to life and limb. Florida's castle doctrine, which does extend to vehicles, would not allow you to shoot some guy acting like an idiot outside the front door of your house. It would allow you to do so if he were actively kicking your door in. Same concept here. Guy was acting like an idiot outside the door, not smashing out the glass. Responding officer should have arrested at least one of the parties, and probably both.