What is the test for a jury to determine whether a homeowner can use force to evict an intruder from their home?
California, United States of America
The following excerpt is from People v. Lopez, D072636 (Cal. App. 2018):
force can never be justified by defense of habitation alone. The defendant must also show either self-defense or defense of others, i.e., that he or she reasonably believed the intruder intended to kill or inflict serious injury on someone in the home." (People v. Curtis (1994) 30 Cal.App.4th 1337, 1360, italics omitted.)
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