Originally posted by defcon5
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English Common Law that
designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one
enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that
place (his "castle"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a
legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle
Any place that you legally occupy, you have a right to defend as your castle. If you are in fear of imminent violent attack, and feel you can
prove your fears in court, you have the right to use deadly force.
Yes I believe I actually stated that. Above and beyond that however, if I'm passing through unmarked land, and there is no reasonable way for me to
know it is private property, the owner can ask me to leave if he/she see's me on their land but very rarely could I be detained for simple
trespassing. The other poster made it sound as if the CONSTITUTION were suspended once I enter his piece of property without exception.
It does not necessarily have to be posted!
If I have no reasonable way to know that the piece of property is private and not public land, and I do not pose an immanent threat, can there is not
much the owner can do except have me removed for simple trespassing.
Since laws are slightly different in each of the 50 states, I'm speaking in generalities. If we'd like to pick one state, we can then talk about
specific state and local laws and even cite specific case law as example.
In general, if I were to accidentally walk onto someone's land, not knowing it was private property, and posing no threat to person or property, if
the land owner shot me, they generally could be charged with a crime.
Hence the fact that the law applies to someone trying to carjack your vehicle. I have never seen a vehicle with a “no trespassing” sign on
it. Certain areas are implied to be no trespassing, such as your vehicle and your house.
But if you'll notice, the conversation has been about simple passage of proposed private property without threat to person or property and not home
invasion, theft, assault, etc...
As shown above, yes he can in several states.
You have the right to defend yourself, family and in some states property only to immanent threat as you've posted above. If I simply walk onto your
property, you can't tackle me and drag me off the property. I think we're talking about 2 different things. The difference is INTENT.
basically what it seems we are talking about is technically a citizens arrest so lets look at that:
Each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or
when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to
misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. For example, Arizona law allows a citizen's arrest if the
arrestor has personally witnessed the offense occurring. 
American citizens do not carry the authority or enjoy the legal protections held by police officers, and are held to the principle of strict liability
before the courts of civil- and criminal law including, but not limited to, any infringement of another's rights.
Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or
destruction of property. Detention is different from an arrest in that in a detention, the detainee may not be transported without
I have the right and authority to remove you from my property at any time for any reason.
If and only if I am posing an imminant threat can you legally detain me. otherwise I get a fine and you go to jail
No if you are posing an imminent threat he can SHOOT you!
As stated above, IF i am posing an immanent threat....if I'm not, he can't shoot me.
I have this right in my home and I have this right in my business.
YES! He does…
In most states it's simply not that black and white.
He also has that right in his vehicle.
Yes in some states.
I think where we're getting hung up here is what I'm envisioning is that I might be walking across a countryside and might mistakingly have walked
onto his land. If that happens, he absolutely can ask me to leave. But simple trespass does not give a citizen probable cause to detain and search
someone. I've run into this before while geocaching. I was unknowingly on someone's land. They came out and told me that I was trespassing so I
apologized and asked where their property lines were as their land butts up to public land. They tried to detain me, I explained if the person
touched me again, I would consider it assault and would defend myself. I continued walking off their land as they called the police who arrived
quickly. They talked to the officer first and at that point, the officer told the property owner they were in the wrong. The officer went on to
explain that I had no way of knowing where their property line was and there was obviously no intent to commit a crime so he wasn't going to arrest
me. The officer went further to explain he could be charged with simple assault for trying to detain me.
So in reality it's not as black and white as we're making it sound.
Now back to the TSA. I believe they're committing a number of crimes. Among those are illegal search and seizure, purveyance and distribution of
child pornography, sexual assault, etc..
Your argument is that they post a sign which suspends your rights and can deny entrance. I don't agree with that but lets go with that. Let's say
what you state is 100% correct. OK so you refuse to go through the illegal body scanners or the invasive pat downs. Then if you are correct, they
can deny you entrance and you must then leave. Oh but wait, they won't let you leave either. You see, they go beyond denying entrance. Although I
still wouldn't agree, I would find it less unacceptable if you got to that point and they gave you 3 choices:
1. body scanner
At least you would have the option of not being subjected to the other 2.