[ExI] waving guns
avant at sollegro.com
Fri Oct 16 01:12:28 UTC 2020
Quoting Dylan Distasio:
> That said, they also made themselves immediate targets through their
> ill-advised decision. Their defense is going to be that they believed they
> were in mortal danger due to the belligerence of the crowd and the fact
> they had broken a gate and intruded onto private property. My point
> remains, however, that regardless of it being a dumb move, the decision to
> charge them is completely political. Missouri has (had) an aggressive
> castle doctrine, and outside of the current environment, it is hard for me
> to believe a DA would have brought charges.
Probably. With regard to the castle doctrine, I think a lot will hinge
on whether the couple and or the protesters were within the couple's
curtilage under Missouri law when she swept the crowd repeatedly with
her gun. Curtilage is a legal term I am just now learning about.
According to earlier court precedents I found.
"Missouri courts consider four factors when determining whether an
area lies within the
curtilage of the home:
Whether or not an area surrounding a dwelling is within the dwelling's
“curtilage” is generally assessed on a case-by-case basis, weighing
(1) the proximity of the area claimed to be curtilage to the home; (2)
area is within an enclosure surrounding the home; (3) the nature of
the uses to
which the area is put; and (4) steps taken to protect the area from
people passing by."
Edwards, 36 S.W.3d at 26 n.2.
It should be an interesting case, not that I am an attorney or
anything but there is good arguments on both sides.
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