State v. Peterson (p. 792) Who took the first unlawful action? K: removing windshield wipers Did P. have the obligation to retreat? No: he was on his own property. When K. broke off the encounter, P. then became the initial aggressor. Self defense is granted only to those who are “free from fault.” P. could only reclaim right if he communicates his intent to withdraw and attempts to withdraw.

Ceballos Homicide is justifiable..when resisting any attempt to murder any person, or to commit a felony…or when committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise , to commit a felony. Limited to defended against atrocious crimes (one that creates a reasonable fear of great bodily harm).

Use of Force in Making Arrest Durham Deadly force can be used to arrest if necessary to overcome resistance, Deadly force can not be use to arrest a fleeing misdemeanant. Tennessee v. Garner Suspect threatens police with deadly force. Police have probable cause to believe that suspect has committed a crime involving the infliction of serious physical harm, if where feasible some warning is given.