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View Diary: Home Defense Without a Gun, helping those scared their castle may be breached. (124 comments)

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  •  I should have mentioned "Connecticut v. Mooney" (7+ / 0-)

    ...oft cited case law that embodies "Castle Doctrine."  Mooney was living in a cardboard box.  Some police searched the cardboard box home (even though the 'entrance" was closed) and searched a duffel bag found within.  They found some contraband in there, arrested Mooney and he was convicted.  

    The Connecticut Supreme court overturned the conviction based on the Castle Doctrine.  Even though it was just a cardboard box, it was Mooney's home, and as such, the cops needed a warrant to search it, just like they would have needed one to search one of the multi-million dollar homes (today's castles) in New Canaan.

    Nowhere does the original "Castle Doctrine" imply you can shoot anyone in your house without any duty to retreat.        

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