Curtilage, or your private(?) property

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Curtilage, or your private(?) property

Postby Lumpy on Thu May 04, 2023 5:38 pm

I recently stumbled across this Massad Ayoob video (always good) https://www.youtube.com/watch?v=dq3mafGHmK4

and in the context of discussing the McClosky case he brought up the subject of "curtilage": the private property that is outside the four physical walls of your dwelling. Apparently there's some wiggle room depending on your state just what you vs. the public can and cannot do in these boundary zones. Bryan, would you care to chime in on just what the status of curtilage is here in MN?
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Re: Curtilage, or your private(?) property

Postby jdege on Thu May 04, 2023 5:50 pm

I vaguely remember a case in which a driveway was not considered to be included in "place of abode".

I've not been able to find it.
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Re: Curtilage, or your private(?) property

Postby daleamn on Fri May 05, 2023 12:07 am

A very clear and understandable take on self defense in and around your home. It's about 15 minutes long.
Thanks for posting it.
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Re: Curtilage, or your private(?) property

Postby Sorcerer on Fri May 05, 2023 11:33 am

In Minnesota “ reluctant participant” needs to be remembered as one of the 4 pillars to the use of force and deadly force. The video enforces that. Thanks for posting.
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Re: Curtilage, or your private(?) property

Postby jdege on Fri May 05, 2023 12:34 pm

My take on it is that even if you do everything right, it's going to be very expensive.

You don't, in Minnesota, have a duty to retreat in your home. But review the court cases that established this precedent. These involved multiple appeals at multiple levels over many years. Even though the accused might have eventually been acquitted, the process of getting there was long, painful, and expensive.

Don't resort to lethal force in self defense because you think you are legally in the right. Even if you think right, you won't enjoy the process of getting the courts to agree with you.
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Re: Curtilage, or your private(?) property

Postby grimbeaver on Thu May 18, 2023 6:43 am

Pert Statue 609.66 it is a misdemeanor or gross misdemeanor to:
(2) intentionally points a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another; or

The sentencing is:
(1) if the act was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or

(2) otherwise, including where the act was committed on residential premises within a zone described in clause (1) if the offender was at the time an owner, tenant, or invitee for a lawful purpose with respect to those residential premises, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

So I think the answer is what you can and cannot do is the same the only difference is how you are punished. However I am not a lawyer, I just read the internet.
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