Posted by
T. O'Heir:
Massad is a good guy, but forgets there are defense lawyer with brains.
Smart defense lawyers routinely hire Massad, when he will take their cases.
Any one of 'em would have any charge thrown out in seconds if somebody was in your house uninvited.
Not so fast. That may not be sufficient.
In Missouri, a lay person's reading of the law
will take one right to the word"uninvited", but lawyers, legal scholars, and the state's highest court tell us that there's more to it than that. One does not want to make any important assumptions except in a case of immediate necessity.
And he or she might well have been invited by someone else, or have a basis for believing that he or she had been.
How would you feel if your ride to the airport got the date wrong, found the door ajar, walked in, say someone with a flashlight, and shot
you? No, most probably not excusable, but painful nonetheless, and very avoidable.
You do
not want to wave a gun around for the purpose of finding out who is doing what in your house.
A silly light hanging off a firearm won't matter.
Of course it won't. That is patently obvious.
But what you do with that gun might matter a great deal.
A sperate flashlight does not put anyone at such risk.