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Old December 27th, 2007
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Default Re: Current PA Castle Doctrine?

I have to add this though, you pretty much still have to be in fear of life/limb to use deadly force even within your home. There are provisions and exceptions though to the rule. Rape and kidnapping are a couple other justifiable excuses. So is the committing of a felony within the dwelling(in §507).


The use of deadly force is can be used as well if in the attempt to arrest someone whom which you witnessed commit certain crimes - but all means to detain them has proved futile.


A quote from Kopko v. Miller:
http://www.courts.state.pa.us/oppost...-47-2005mo.pdf

Quote:
We note that the power of Sheriffs to arrest for crimes committed in their presence is no different from that of a private citizen. In Commonwealth v. Chermansky, 242 A.2d 237, 239 (Pa. 1968), we reiterated that “[a] private person in fresh pursuit of one who has [J-47-2005] - 16 committed a felony may arrest without a warrant. And in Pennsylvania we have always followed the common law rule that if the felon flees and his arrest cannot be effected without killing him, the killing is justified.” However, we narrowed the types of felonies for which the rule was applicable and held that:

from this date forward the use of deadly force by a private
person in order to prevent the escape of one who has
committed a felony or has joined or assisted in the commission
of a felony is justified only if the felony committed is treason,
murder, voluntary manslaughter, mayhem, arson, robbery,
common law rape, common law burglary, kidnapping, assault
with intent to murder, rape or rob, or a felony which normally
causes or threatens death or great bodily harm.


Id. at 240. See Commonwealth v. Corley, 462 A.2d 1374, 1379 (Pa. Super. 1993) (“we hold that a citizen’s arrest can be made for a breach of the peace that is personally observed by the arrestor.”), aff’d on other grounds, 491 A.2d 829, 834 (Pa. 1985) (declining to rule on the issue).

Last edited by knight0334; December 27th, 2007 at 02:58 PM.
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