Your question has been forwarded to the State Law Library.
Thank you for your inquiry. Michigan Compiled Laws, section 764.16, permits a private person to make an arrest, but it does not address the use of force or the duty to retreat. For your convenience, we have attached a copy of MCL section 764.16 for your review.
According to the Defender Trial Book, published by the State Appellate Defender Office:
"One who is within his dwelling house has no duty to retreat and may use deadly force in self-defense
as long as the use of deadly force is reasonably necessary. However, the dwelling house exception is
limited to the home and its attached appurtenances, and does not extend to the outlying areas within
the curtilage of the home. People v Riddle, 467 Mich 116 (2002)."
"An illegal and forceful entry into one's home is enougt to justify use of deadly force where the
occupant fears for his or her safety. Proof of a separate assault after the forcible entry is not
necessary. People v Kohler, 113 Mich App 594 (1981)."
These two cases were decided by the Michigan Supreme Court and Court of Appeals, respectively. If you wish to conduct further case law research, we encourage you to visit a law library or seek the services of an attorney. We have attached a list of Michigan law libraries that are open to the public. You may also visit the Michigan Courts website at
www.courts.michigan.gov.
Information provided here should not be considered a substitute for legal research or for obtaining the professional services of an attorney.
PLEASE NOTE: As of January 12, 2004, the new hours of the Library of Michigan, State Law Library are 1:00 to 5:00 p.m. Monday through Friday. Consequently, our response time may be somewhat slower. The reduced hours are the result of budget constraints and staffing shortages. We regret any inconvenience to our patrons, and welcome your questions and comments.
Library of Michigan
State Law Library
525 W. Ottawa St.
P. O. Box 30007
Lansing MI 48909
Phone: (517) 373-0630
Fax: (517) 373-3915
E-mail:
[email protected]