by jshuberg on Tue Nov 25, 2014 1:21 pm
If a riot were to break out, the law is exactly the same. A person has no additional rights in that situation. However the circumstances are different, and disparity of force, imminence, and great bodily hard can take on different meanings in the context of a riot.
Here in MN we do not have stand your ground. While law enforcement officers have the power to utilize deadly force effect an arrest, a citizen who wishes to perform a private arrest does not have that power. A private citizen has a duty to retreat and cannot pursue a criminal once deadly force has been introduced into an encounter. This does limit a persons legal ability during a riot. For example, if a crowd of people were gathering in front of your business lighting Molotov cocktails, you may not be legally justified in shooting them if a reasonable means of retreat existed. Under the law, you would likely be required to flee your business rather than defend it unless there is no reasonable avenue of retreat.
Your home is another matter. You are not required to flee from your home. You are also legally allowed to use deadly force to prevent the commission of a felony in your home. If a group of looters crashed through your living room window, you are not required to wait until the threat of great bodily harm or death is imminent. You can shoot an uninvited intruder to prevent the commission of a felony crime in your home. However, if you don't live there, but are merely a guest in someone elses home, in MN you cannot use deadly force to defend it. It must actually be your home your defending. Other states laws may differ on this.
The situation in Ferguson is a perfect example of why Stand Your Ground laws are necessary. People should have the legal right to defend themselves and their *all* their property (not just their homes), especially in this scenario. They should also have the right to bring in security teams to assist in protecting their property if they are able to. The police and first responders were overwhelmed last night, and parts of the city burned as a result. I'm not familiar with the laws in MO, but here in MN the rights of the individual person to protect their property, their businesses, their livelihoods is significantly restricted.
All I can say is I'm very sorry for the good people of Ferguson, and pray that this never happens anywhere again - especially where I live.
Last edited by
jshuberg on Tue Nov 25, 2014 1:30 pm, edited 2 times in total.
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