Also known as: retreats · retreated · retreating · duty to retreat
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An action by which a suspect flees from a public place into a private dwelling. Officers with probable cause to arrest in the public place may pursue the suspect into the dwelling without a warrant under the hot pursuit doctrine.
An action by which a suspect flees from a public place into a private dwelling. Officers with probable cause to arrest in the public place may pursue the suspect into the dwelling without a warrant under the hot pursuit doctrine.
Select any source to read its text and confirm it supports the definition.
The withdrawal from an encounter that a person must undertake before using deadly force. Some jurisdictions impose this requirement when retreat can be accomplished in complete safety, subject to exceptions such as attacks occurring in the defender's dwelling.
Select any source to read its text and confirm it supports the definition.
The withdrawal from an encounter that a person must undertake before using deadly force. Some jurisdictions impose this requirement when retreat can be accomplished in complete safety, subject to exceptions such as attacks occurring in the defender's dwelling.
Each sense below has its own examples, sources, and questions.
City police officers watched Dana exchange vials for cash in a hospital drop-off lane. With probable cause to arrest, they approached. Dana ran into an employees-only corridor and locked herself in an on-call room. Officers immediately forced entry, arrested her, and searched her backpack. The continuous pursuit from the public area justified the warrantless entry and the search incident to arrest.
Officers with probable cause to arrest a suspect in a public place may pursue the suspect into a private dwelling without a warrant when the pursuit is immediate and continuous. The suspect cannot defeat an otherwise lawful public arrest by retreating across a threshold.
Supporting sources
An intruder broke into Ronald Reed's house and attacked him with a knife. Reed used deadly force to defend himself. Because the attack occurred inside his own dwelling, Reed had no duty to retreat before using that force even though a safe exit existed.
Rajesh Rao faced an unprivileged attack on a public street. He reasonably believed he could avoid the confrontation by retreating or surrendering a right. Rao nevertheless used reasonable non-deadly force. The privilege of self-defense remained intact because he was not required to give up the right to stand his ground.
Raphael Rivera was threatened with deadly force on a public sidewalk. He knew he could escape the necessity of using deadly force by retreating in complete safety. Rivera instead used deadly force without retreating. Because retreat was clearly safe, his use of deadly force was not privileged.
Rhea Reynolds was attacked inside her apartment by an assailant who did not reside there. She used deadly force without first attempting to leave. Because the attack occurred in her dwelling and she was not the initial aggressor, Reynolds was not obliged to retreat before using that force.
Roland Rhodes was attacked with deadly force on a public street. He knew a safe retreat was possible yet used deadly force without withdrawing. Because the attack did not occur in his dwelling, the privilege of self-defense required him to retreat before resorting to deadly force.
A minority of jurisdictions following the traditional common law approach require retreat as far as reasonably possible when it can be accomplished in complete safety. This duty applies unless a recognized exception eliminates the obligation.
Supporting sources
No jurisdiction requires retreat before the use of non-deadly force. A person may stand ground and respond with reasonable non-deadly force even when a safe retreat is available.
Exceptions eliminate the duty when the attack occurs in the defender's own home, while the defender is making a lawful arrest, or when the assailant is committing a robbery. The Model Penal Code also excuses retreat from one's dwelling or place of work unless the defender was the initial aggressor.
Supporting sources
The actor is not privileged to use deadly force if he knows or should know that he can escape the necessity of doing so by retreating or by relinquishing a right or privilege that it is reasonable to require him to give up.
Supporting sources
…This Court has long read the Constitution to proscribe compelled confessions, a salutary rule from which there should be no retreat. But I see no sound basis, factual or otherwise, and the Court gives none, for concluding that the present rule against the receipt of coerced confessions is inadequate for the task of…