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NeCede's

Maxim 5.3.5

No citizen may be dragged from his house to be conducted before a judge or to prison.

Nemo de domo sua extrahi debet.

Source: Dig. 50.17.103; Weisman, 54e Difficulty 2/5 — Approachable

Explanation

The home is so protected that the person within it may not be seized by force — process must be served, not executed by violence at the threshold.

Where this applies

  • Police officers break down a man's front door at dawn and drag him out in handcuffs without a warrant or any court order — the maxim holds that no citizen may be seized from his home without proper legal process.
  • A code enforcement officer enters a family's home without permission and physically removes the father to take him to a hearing — the law forbids dragging a citizen from his house; process must be served through lawful channels.
  • Federal agents surround a home and demand the occupant come out immediately or be forcibly removed, even though no arrest warrant has been issued — the protection of the home requires that proper process precede any seizure of the person within it.

Legal domains

See also

Cite this maxim

NeCede Max. 5.3.5 — No citizen may be dragged from his house to be conducted before a judge or to prison. — Dig. 50.17.103; Weisman, 54e (Nemo de domo sua extrahi debet.)

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