united-states maryland emergencies private-property
What is the limit to my entering an unlocked home of a stranger to render aid without explicit permission
<p>As I understand it in the USA if I, a normal citizen, walking by a stranger's home and witness them suddenly get electrocuted or otherwise seriously harmed I'm allowed to enter their home to try to render aid, even uninvited, since I have a reasonable belief they would prefer me to come into their home under those circumstances.</p>
<p>I'm wondering where the line is drawn for that.  I presumably can't barge into a stranger's home because it looks like they are having a bad hair job and I need to give them a perm this instant.  How serious would the need have to be before I could justify entering their home?  If I see someone appearing to be about to commit suicide can I reasonably barge in to try to stop them for example, even though presumably at that moment they did want privacy to continue following through with their suicide?</p>
<p>On a related note when, if ever, would I be authorized to break into a home that was otherwise locked to render aid?</p>

<p>What you are describing seems to raise the <em>defense of necessity</em>. I cannot pinpoint the line for you or tell you whether any particular action would lie on one side or the other, but I can describe the test.</p>
<p>In Maryland, there are &quot;five elements necessary to consider before applying the defense of necessity&quot; (<em><a href="https://casetext.com/case/marquardt-v-state-5" rel="noreferrer">Marquardt v. State</a></em>, 164 Md. App. 95, 135-36 (2005), citing <em>Sigma Reproductive Health Center v. State</em>, 297 Md. 660, 677-79 (1983)):</p>
<ol>
<li><p>The harm avoided — this need not be physical harm but also may be harm to property as, for instance, where a firefighter destroys some property to prevent the spread of fire which threatens to consume other property of greater value.</p>
</li>
<li><p>The harm done — this is not limited to any particular type of harm but includes intentional homicide as well as intentional battery or property damage. An illustration is supplied:</p>
<p>`[A]s where A, driving a car, suddenly finds himself in a predicament where he must either run down B or hit C's house and he reasonably chooses the latter, unfortunately killing two people in the house who by bad luck happened to be just at that place inside the house where A's car struck — it is the harm-reasonably-expected, rather than the harm-actually-caused, which governs.'</p>
</li>
<li><p>Intention to avoid harm — to have the defense of necessity, the defendant must have acted with the intention of avoiding the greater harm. Actual necessity, without the intention, is not enough. However, an honest and reasonable belief in the necessity of his action is all that is required.</p>
</li>
<li><p>The relative value of the harm avoided and the harm done. The defendant's belief as to the relative harmfulness of the harm avoided and the harm done does not control. It is for the court, not the defendant, to weigh the relative harmfulness of the two alternatives. To allow the defense the court must conclude that the harm done by the defendant in choosing the one alternative was less than the harm which would have been done if he had chosen the other.</p>
</li>
<li><p>Optional courses of action; imminence of disaster. The defense of necessity applies when the defendant is faced with this choice of two evils: he may either do something which violates the literal terms of the criminal law and thus produce some harm, or not do it and so produce a greater harm. If, however, there is open to him a third alternative, which will cause less harm than will be caused by violating the law, he is not justified in violating the law. For example, &quot;[a] prisoner subjected to inhuman treatment by his jailors is not justified in breaking prison if he can bring about an improvement in conditions by other means.&quot;</p>
</li>
</ol>
<p><em>Marquardt</em> at  137:</p>
<blockquote>
<p>in order for the defense of necessity to have been warranted in this case, appellant must have presented &quot;some evidence&quot; that there was a choice between two evils, that no legal alternatives existed, that the harm appellant caused was not disproportionate to the harm avoided, and that the emergency was imminent.</p>
</blockquote>

<p>I think that this type of question often misses the point. You are asking whether a certain act committed with a certain intention is legal, but no one can verify your intention, and there might be very different viewpoints on which act was committed. In the end, whether you will be ok or not will be decided by a long, costly and invasive process and you are not able (or advised) to give your side of the story for a long time.</p>
<ul>
<li><h3>The stranger in the home appreciated the help or at least is not going to press charges:</h3>
<p>=&gt; Nothing is going to happen to you. It does not matter whether your actions were justified</p>
</li>
<li><h3>The stranger did not appreciate the help:</h3>
<ul>
<li>He will press charges against you. These charges will be based on his viewpoint, not yours. For example, you might be accused of breaking and entering, armed robbery, assault with a deadly weapon (did you use a tool to smash the window?), or even sexual assault.</li>
<li>If the prosecutor deems the charges serious enough you will be charged (potentially after review by a grand jury)</li>
<li>You will be arraigned, bail will be set</li>
<li>There might be a prelim hearing</li>
<li>You might agree to a plea bargain, or you might get your day in court.
<ul>
<li>Unless there was a prelim hearing, this might be the first opportunity to present your side of the story (&quot;I saw him try to hang himself and went through the window to render aid&quot;)</li>
<li>Similarly, the prosecution will present their side of the story, which might be completely different (&quot;I was hanging up Christmas decorations when a crazy person smashed my window with a tyre iron and attacked me&quot;)</li>
<li>The prosecution might have evidence that supports their side of the story (such as a grainy video from a surveillance camera that shows you violently smashing the window)</li>
<li>Witnesses might lie. The stranger might even be embarrassed to admit that he tried to hang himself. Such an admission might have very serious consequences for him, such as the loss of employment.</li>
<li>Your guilt will be decided based on which story is more credible to the jury. Personal feelings might also play a role, if you are not likable or the jury hates your lawyer it might tip the scales of justice enough so that you are found guilty.</li>
</ul>
</li>
</ul>
</li>
</ul>
<p>You might also get sued in civil court, where the evidentiary standard not <em>beyond a reasonable doubt</em>, but <em>preponderance of evidence</em>.
This might further weaken your case.</p>
<p>So even if you commit the act with the best of intentions, other people might have a very different view, and it is not clear who will prevail in court.</p>

<p><em>In an emergency</em> ... most states would like you to do the right thing and help, without being worried if you're going to get sued, some go so far as having a <em>Duty to Assist</em> which leaves you open to prosecution if you <em>don't</em> help (not that I know of anytime someone actually has been).</p>
<p><a href="https://www.marylandinjurylawyerblog.com/good-samaritan-maryland.html" rel="nofollow noreferrer">https://www.marylandinjurylawyerblog.com/good-samaritan-maryland.html</a></p>
<blockquote>
<p><strong>Maryland’s Good Samaritan law precludes civil liability to certain individuals providing emergency medical care.</strong>  Here is the language of MD CTS &amp; JUD PRO § 5-603 that gives us a definition and an explanation of who is covered by the law:</p>
</blockquote>
<blockquote>
<p>(a) A person described in subsection (b) of this section is <strong>not civilly liable</strong> for any <strong>act or omission</strong> in giving any assistance or medical care, <strong>if</strong>:</p>
</blockquote>
<blockquote>
<p>(1) The act or omission is not one of gross negligence;<br />
(2) The assistance or medical care is provided without fee or other compensation; and<br />
(3) The assistance or medical care is provided:</p>
</blockquote>
<blockquote>
<p>(i) At the scene of an <strong>emergency</strong>;<br />
(ii) In transit to a <strong>medical facility</strong>; or<br />
(iii) Through communications with personnel providing <strong>emergency</strong> assistance.</p>
</blockquote>
