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NeCede's

Maxim 5.3.12

Every man's house should be a perfectly safe refuge.

Source: 3 Inst. 162; Clason v. Shotwell, 12 Johns. (N.Y.) 31, 54; 5 Coke, 91b; 11 Coke, 82; Weisman, 54f

Explanation

(English-origin maxim.) The home is sacred and inviolate — it must be a place of perfect safety from both private intrusion and government overreach.

Where this applies

  • Police enter a home without a warrant and the homeowner challenges the intrusion.
  • A person defends themselves against an intruder who unlawfully entered their home.

Cite this maxim

NeCede Max. 5.3.12 — Every man's house should be a perfectly safe refuge. — 3 Inst. 162; Clason v. Shotwell, 12 Johns. (N.Y.) 31, 54; 5 Coke, 91b; 11 Coke, 82; Weisman, 54f

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