Scenario #1
Situation: You pull into a gas station with a convenience store. You get out of your car and are about to begin fueling it. Three other customers are also putting gas into their vehicles. Suddenly you notice a male assailant inside the store holding a gun on the clerk behind the counter. The assailant robs the store, does not injure the clerk, leaves while still holding a gun, and jumps into his vehicle to drive away.
Questions to Consider:
- Would it be legal for you to use deadly force as the assailant escapes? Why or why not?
- Would you be justified if you threatened to use force or used force or deadly force to protect yourself after the assailant is inside the vehicle? Why or why not?
- Would you be justified if you threatened to use force or used force or deadly force to protect the occupied store after the assailant is inside the vehicle? Why or why not?
- What do you think would be the best action for you to take? Why?
- Would your answers change if the assailant tried to take your car to escape? Why or why not?
According to Tennessee Code Section 39-11-615, you are justified in threatening or using force against another person to protect a third person’s property if you reasonably believe you would be justified under §39-11-614 in threatening or using force to protect your own real or personal property.