So any stranger can legally walk into your garage at 1 am simply because the entry was not so-called “forced” due to an open door? and by extension, if you accidentally leave your house door open, whether front or back, any entrant is guaranteed safe passage in and out of your dwelling? That certainly pushes the bounds of absurdity.
Remember: 1 am. And Montana lawmakers are apparently OK with “teenagers . . . apparently garage-hopping”. And the Kaarmas were burglarized before. Who is really safe?
Most states require some sort of threat OR forcible entry (which implies a threat) to justify using deadly force.
“So any stranger can legally walk into your garage at 1 am simply because the entry was not so-called “forced” due to an open door?”
No, but just because an act is not legal does not mean that act justifies the use of deadly force.
“Remember: 1 am.”
The normal fear that an intrusion at such an hour would cause is not present in this case, as the homeowner was attempting to entice just such an intrusion.