At the risk of losing some of my liberal followers, I'd like to blog about a recent news article where a man, in Land O Lakes, Florida, was arrested for shooting a trespasser in his front yard. The arrested man, who had no prior Florida arrest record, and whose wife and two small children were inside of his house,heard his front door jiggling, and went outside to confront the unknown man in his front yard. When the man refused to leave, the owner of the property shot him and was subsequently arrested for aggravated battery with a firearm. The police investigating this "crime" said "the situation did not require deadly force." (St. Petersburg Times article)
Under Florida Law, a person has the right to use deadly force when they have a reasonable fear that an unauthorized intruder is committing or about to commit a forcible felony in their dwelling or residence. Unauthorized entry creates a presumption that a forcible felony is intended by the intruder. Florida law defines "Dwelling" as a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. 
Therefore, if someone is outside of your house in your yard, the "Castle Doctrine" does not apply. However, according to the law, if they are attempting to enter your "dwelling", which was clearly what was happening in this case, because the man heard his front door rattle, the "Castle Doctrine" should apply. In Pasco County Florida, it apparently doesn't count if the guy was "trying" to get into your house. (I won't go back on the soapbox about learning the law they are sworn to uphold) I am assuming in this case that the door of the house that the man heard being "rattled" before he went outside to confront the intruder was attached to the house and part of his "dwelling." I'm sure the police will say the the rattleing of the door handle and the subsequent shooting were seperated by the intruder leaving and returning. The returning of the intruder only seems to me to be a better reason to shoot him.
Call me crazy, but I think this guy was right. The alternative of waiting around for the police in the middle of the night is just too risky when your family is in the house. Hopefully this man will hire a good criminal lawyer. Hopefully the public outcry of his arrest will cause the State Attorney to drop these charges.
