That’s not what happened.
And he should be allowed to shoot notwithstanding, because someone who enters a stranger’s open garage at 1 am is up to no good. (Unless you don’t believe in the Castle Doctrine, that is.) The police “bait” criminals in this fashion all the time, albeit not necessarily with deadly force in each instance.
“That’s not what happened.”
Says who?
“And he should be allowed to shoot notwithstanding, because someone who enters a stranger’s open garage at 1 am is up to no good.”
Then campaign to change Montana’s laws, because that is not what they say currently.
“The police “bait” criminals in this fashion all the time, albeit not necessarily with deadly force in each instance.”
What the police do or don’t do is immaterial and just a distraction from the issues here.
the bait was not an issue really.
the key in most states is that the thief didn’t “forcibly enter”
the use of force by the theif (kick in a door, break a window) would usually alone justify the shooting.
But leaving your door open and blasting anyone who walks through doesn’t pass muster.
If the homeowner had put the purse near a window and the theif had broken the window to get to it, and then entered, in many states the Homeowner could have then shot.