Stranger In The Back Seat

[farronwolf]

OK, here's a question, depending on how your states castle doctrine law is worded, for those that say they would exit the vehicle and draw on the person in the back seat. You are now OUTSIDE your vehicle. DOES castle doctrine apply since you are not in the same space as the intruder? I suppose the same coulds be asked concerning your house.
Suppose you walk up to your house, and look through the window and see an intruder. Your not in danger since he doesn't know your there.
Someone said Castle Doctrine in based on the assumption that someone entering an OCCUPIED building means to harm the occupants. Can you enter your house, knowing that it's been broken into and still claim castle doctrine right to shoot? I know it's not smart to enter, but is it legal to and then shoot.

It would depend on whether the state only has a "Castle Law" or like in Texas were it really is a "stand your ground law" and what the other related statutes are. If they are in your home that is a burglary, not necessarily castle related. If you are in your home and they are attempting to unlawfully enter then that would be where the "castle" portion would come into play. Either way, in our state the homeowner is covered. Everyone needs to be very clear on their own state laws.

[DefensiveCarry.com]

[DontTreadOnI]

As stated before, throw the car in park and jump out, all while getting a good grip on my firearm. I would not stick around in the seat to welcome any attacks from behind.

[bigmacque]

It would depend on whether the state only has a "Castle Law" or like in Texas were it really is a "stand your ground law" and what the other related statutes are. If they are in your home that is a burglary, not necessarily castle related. If you are in your home and they are attempting to unlawfully enter then that would be where the "castle" portion would come into play. Either way, in our state the homeowner is covered. Everyone needs to be very clear on their own state laws.

+1
Florida's law is 'no duty to retreat', from any situation where you feel threatened with major bodily harm.

[farronwolf]

+1
Florida's law is 'no duty to retreat', from any situation where you feel threatened with major bodily harm.

I can only assume it doesn't cover one while engaged in criminal activity the same as Texas.

[DontTreadOnI]

+1
Florida's law is 'no duty to retreat', from any situation where you feel threatened with major bodily harm.

Devils advocate here, but could someone just sitting in your back seat showing no weapon or threat be proven that you felt threatened with major bodily harm?

[Guantes]

Again, the op does not state that the intruder is not showing a weapon, only that you cannot see any weapon in the rear view mirror. Without further effort to ascertain if they have a weapon, the amount of threat is unestablished.

[Rail Driver]

In reality if he is anywhere near my golf clubs in the backseat im droppin that mfer. Nobody touches my Mizuno's!!!!!

Better hope your golf clubs aren't anywhere around if you ever do have to shoot somebody. Even if castle doctrine does protect your vehicle, it doesn't protect you from a premeditated murder charge based on statements like that (especially with you living in a state that does NOT allow the use of deadly force in defense of property alone).

I'm not a lawyer or a cop, but I do have an associates in legal studies and a bachelor's in criminal justice and have a little bit of familiarity with the laws applicable.

[Hot Wing]

I like the bail and roll deal.

[Guantes]

I wonder how many have practiced or even tried "bail and roll" (ala "Rebel Without A cause") on hard pavement rather than dirt.

[Smoke]

It hurts. Even done right, it hurts. Nothing like in the TV shows.

[oldcurmudgeo]

I was once, many many years ago when service stations filled your tank, wiped your windshield and checked your oil, was in the back seat of a station wagon when it caught fire because the idiot pumping gas was smoking.

You can call it bail and roll or what ever you want, if you are scared enough you will surprise yourself and everyone else.

[nightsonge]

car is already in reverse, stomp the gas, hit seat belt release, stomp the brake, bail while he's trying to get out of floorboard of back seat. Then most likely draw and shout get the #$%%$#$@@!! out of my car! NOW! Maybe not what I should do, but, most likely what I would do.

[9MMare]

There are a few ways to 'bail' off of horses in an emergency....they are 'safer' options, and rarely go as practiced in RL.

Having made voluntary and involuntary exits off horses, I'm pretty sure I know what that bailing and rolling, even from a slowly moving car, can feel like. First thing you need to do is make yourself start breathing again. (That probably wont be pleasant)

[paaiyan]

Being that mine's a stick, pop the belt and roll out to my left. It'll jerk hard enough when I dump the clutch to keep them from being able to aim if that's their goal, and I'll take the opportunity to draw. If I feel threatened enough, I'll start shooting. My windows are just the plastic windows of a Jeep soft top, so I don't have to worry too much about deflection.

[Shawn89]

I own a full size suv with lots of space for a stowaway,Im thinking once he hears my high pitched girlie scream and smells that familiar bathroom odor Im profusley producing and he does not try to exit before I do then he is there to do me harm, I always place my weapon in my door pocket as I get in so it is in easy reach to draw from my left as I exit and hold him at gun point until help arrives Ill let them decide if hes a threat as far as Im concernd he is