I live in Tennessee where we have a castle doctrine.
My question is if my home is invaded in the middle of the night what would be the best course of action in a legal perspective? Stay in a safe room Armed with 911 on the phone or clear my home from intruders?
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It’s not only for Tennessee…
The best what you can do in home invasion is to find the best safest location, barricade and defend this spot. Call 911 and wait. Clearing the house it’s the last thing to do. Let the LEOs do this for you.
Castle Doctrine gives you some option to shoot… but it’s always better to shoot from behind the barricade, because that allows you to defend yourself, no matter what. There is no “retreat” option - your shooting is 100% justified.
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I would defend myself, but I’m no lawyer. My USCCA attorney may advise differently…
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Your first response is 911. the second is if you are in your room take a safe cover position. It is too hazardous to try to clear rooms, there are usually more than one perp in these situations. You can announce to them to get out of the house that 911 has been notified. The approach of them into your room is enough to grant deadly force with the notification of them to get out and that the cops are on the way. View the person to identify them when they do enter before you shoot and make sure it is not someone who is not a threat. Splitting up away from your spouse and she startles you and you accidently shoot her, it is murder. Also, watch white center house invasion video. Time is a matter when it comes to defending yourself and police showing up.
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Welcome to the family brother and god bless you.
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Welcome to the Community, @Tyler32!
That is a great question and I will give you an answer that you’ll see a lot in the Community - it depends.
Are you home alone and able to stay in a safe place that has the tactical advantage (say in a room at the top of the stairs where you can see the intruder if they come toward you)? If so, stay in place and call 911 while maintaining your awareness of the intruder.
If you’re home with the family and they’re all in a safe location with you between them and the intruder, the same actions may be called for.
However, if your loved ones are between you and the intruder, you may need to find a place of better tactical advantage so that you are in position to protect your family. That doesn’t mean clearing the house, it means getting between your family and the intruder.
Unless you’ve had training on clearing a house, I wouldn’t advise it. And even then, your actions may be called into question legally.
Create a plan with your family (and others who live in your home) and practice it.
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