Serving a No-Knock Warrant in Plain Clothes

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1EZduzit

Lifer
Feb 4, 2002
11,833
1
0
Originally posted by: punchkin
Originally posted by: 1EZduzit
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question.

I guess we all read the same article you did so why would you expect anybody to have a definitive answer?

Perhaps you could help us answer the question. Did the door have a window? :p

I'm just wondering how much evidence there is that the defendant's belief that he was being attacked by criminals was reasonable. It's something the defendant will have to prove if he claims self defense. It may actually be true, especially if the police didn't identify themselves-- I just don't think that's likely.

You seem to have it upside down. He is considered innocent until PROVEN guilty. All he has to do is provide reasonable doubt.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question. Are you debating against yourself now? And it is not necessarily "entirely legit" to shoot someone through the front door; it depends on the circumstances. An easy example would be someone who announces themselves as the police before they begin breaking down your door, because you have refused to open it.

Shooting blindly and recklessly could well make one guilty of a crime. You should watch the terminology.

Simple questions don't always get answered because they can usually be answered with simple google searches: Text

Virginia does not have a specific castle doctrine law. 29 other states do.

"No knock" warrants are a bad enough infringement against unreasonable searches. Breaking down the wrong door is inexcusable. Think about what you're defending. Anyone can yell "Police!" or "Swat!" while they're breaking down your door.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,059
73
91
Originally posted by: Rainsford

According to the story, the police won't confirm or deny what the officer may have been wearing except to say that it's not their policy to serve warrants in plain clothes...maybe you should read the article first, eh?

This is a tragic event for all parties, but you really have no basis for your conclusions. Before you continue paraphrasing snippets of text and misconstruing what happened, maybe you should learn to read, starting what the ORIGINAL article actually said, first, eh?

By John Hopkins
Steve Stone
The Virginian-Pilot
© January 19, 2008

CHESAPEAKE

Portlock residents who saw a deadly police shooting unfold on their ?quiet street? are finding it difficult to return to normalcy. The man accused of killing Detective Jarrod Shivers said he had no idea the man he shot was a police officer until it was too late.

Redstart Avenue, a street that dead-ends at a church, still was reeling Friday after a police officer was fatally shot there the night before. The residents say they are in disbelief after realizing that a 28-year-old neighbor is a suspect.

?It shocked me to death,? said Mavis Cosner, who has lived on the street since 1960. ?I?m still a little nervous.?

Shivers, a 34-year-old father, was shot as was trying to enter at the house in the street?s 900 block around 8:30 p.m. He and several other officers were there with a search warrant as part of a drug investigation, police said.

Shivers was pronounced dead at Sentara Norfolk General Hospital. He left behind a wife and three children ? ages 2, 8 and 14.

After the shooting, detectives on scene retreated for their safety. The home, which sits in the middle of the block, remained surrounded until the SWAT team arrived and entered.

Police arrested 28-year-old Ryan David Frederick, who lived at the home, and charged him with first-degree murder and use of a firearm in the commission of a felony. He is being held in the Chesapeake City Jail.

Frederick said in a jailhouse interview Friday he had no idea a police officer was on the other side of the door when he opened fire.

?No, sir,? he told WAVY-TV. ?I just wish I knew who they were,? he said. ?I didn?t want any trouble.?

Frederick said he was in bed when he heard someone trying to come into the home.

?I thought it was the person who had broken into my house the other day,? he said.

Frederick said his home had been burglarized two or three days earlier.

Frederick?s family could not be reached for comment, and he declined to speak to The Virginian-Pilot.

Police did not say whom they were investigating when they executed the search warrant. Other than a few misdemeanor traffic violations, Frederick has not been convicted of any felony crimes in Chesapeake, according to online court records.

Chesapeake police spokeswoman Christi Golden said she could not comment on specifics of the incident, including whether the officers who tried to serve the narcotics warrant were in uniform.

?They are undercover detectives,? Golden said. As such, they would typically be in street clothes. But, when serving warrants, even undercover officers ?usually have something that says 'police,?? she said. ?They are identified in some way, shape or form.?

.
.
(continues)

Originally posted by: Rainsford

And seriously, "castle"? It's like your comments come pre-satirized for our convenience. It's your fucking house, you're not Lancelot.

And yes, seriously, "castle." It's like your comments come pre-stupidized, and you're farking illiterate. The expression can be traced back at least five centuries. It expresses a fundamental principle of English common law and American Constitutional law:

A MAN'S HOME IS HIS CASTLE - "This saying is as old as the basic concepts of English common law.," From the "Morris Dictionary of Word and Phrase Origins" by William and Mary Morris (HarperCollins, New York, 1977, 1988).

"You are the boss in your own house and nobody can tell you what to do there. No one can enter your home without your permission. The proverb has been traced back 'Stage of Popish Toys' (1581). In 1644, English jurist Sir Edward Coke (1552-1634) was quoted as saying: 'For a man's house is his castle, et domus sua cuique tutissimum refugium' ('One's home is the safest refuge for all'). First attested in the United States in 'Will and Doom' (1692). In England, the word 'Englishman' often replaces man." From "Random House Dictionary of Popular Proverbs and Sayings" by Gregory Y. Titelman (Random House, New York, 1996).
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: 1EZduzit
Originally posted by: punchkin
Originally posted by: 1EZduzit
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question.

I guess we all read the same article you did so why would you expect anybody to have a definitive answer?

Perhaps you could help us answer the question. Did the door have a window? :p

I'm just wondering how much evidence there is that the defendant's belief that he was being attacked by criminals was reasonable. It's something the defendant will have to prove if he claims self defense. It may actually be true, especially if the police didn't identify themselves-- I just don't think that's likely.

You seem to have it upside down. He is considered innocent until PROVEN guilty. All he has to do is provide reasonable doubt.

I mis-wrote (meant to use the word "show"). The burden of production of evidence and of proof often shifts with criminal defenses. In Massachusetts (where I am more familiar with the law than anywhere else, although not much with criminal law) the defendant wishing to plead self defense must generally introduce evidence showing (1) that he availed himself of all proper means to avoid physical combat, and (2) that he had a reasonably well grounded apprehension of great bodily harm and a reasonable belief that no means other than self defense would suffice to prevent such harm. The prosecution would then have the burden of proof, on that evidence, that either the defendant did not act in self defense, or that the defendant used excessive force.

If the defendant doesn't introduce sufficient evidence tending to show the required elements of the defense, it is not even given to the jury.
 

Nebor

Lifer
Jun 24, 2003
29,582
12
76
Gosh Harvey, I'm suprised you didn't blame this on MY TRAITOR IN CHIEF and his CRIMINAL CABAL of constitution stomping COHORTS with their PATRIOT ACT. ;)
 

Nebor

Lifer
Jun 24, 2003
29,582
12
76
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question. Are you debating against yourself now? And it is not necessarily "entirely legit" to shoot someone through the front door; it depends on the circumstances. An easy example would be someone who announces themselves as the police before they begin breaking down your door, because you have refused to open it.

Shooting blindly and recklessly could well make one guilty of a crime. You should watch the terminology.

"I didn't hear them" or, "Mrs. Johnson was just raped last week by some guys breaking in yelling 'Police! Police!'"

In basically every state that has passed the Castle Doctrine into law, shooting someone through the door is a-ok, as an unknown person forcing entry into your home is assumed to have lethal intent.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: Nebor
Gosh Harvey, I'm suprised you didn't blame this on MY TRAITOR IN CHIEF and his CRIMINAL CABAL of constitution stomping COHORTS with their PATRIOT ACT. ;)

That's probably because the War on Drugs is Nixon's and Reagan's fault.
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Harvey
...
And yes, seriously, "castle." It's like your comments come pre-stupidized, and you're farking illiterate. The expression can be traced back at least five centuries. It expresses a fundamental principle of English common law and American Constitutional law:

A MAN'S HOME IS HIS CASTLE - "This saying is as old as the basic concepts of English common law.," From the "Morris Dictionary of Word and Phrase Origins" by William and Mary Morris (HarperCollins, New York, 1977, 1988).

"You are the boss in your own house and nobody can tell you what to do there. No one can enter your home without your permission. The proverb has been traced back 'Stage of Popish Toys' (1581). In 1644, English jurist Sir Edward Coke (1552-1634) was quoted as saying: 'For a man's house is his castle, et domus sua cuique tutissimum refugium' ('One's home is the safest refuge for all'). First attested in the United States in 'Will and Doom' (1692). In England, the word 'Englishman' often replaces man." From "Random House Dictionary of Popular Proverbs and Sayings" by Gregory Y. Titelman (Random House, New York, 1996).

It's different to quote a proverb, and another to use the wrong word. Hence it seems fine to say "A man's home is his castle", and everyone of course instantly understands. However, no one will take you seriously if you use the word "castle" to mean "home". They're not synonyms. Nebor's use was more than a mite silly, and Rainsford called attention to it in a funny way. Rainsford wasn't incorrect.
 

Nebor

Lifer
Jun 24, 2003
29,582
12
76
Originally posted by: punchkin
Originally posted by: punchkin
Here's an interesting case; I can't find out how it turned out, which may indicate a plea-bargain:
http://www.topix.com/content/k...play-out-in-bibb-court

Found this:
http://www.macon.com/198/story/230143.html

If you're going to be an oppressive, paramilitary force raiding citizens homes, you should at least be good at it. They suspected the guys were armed, and drug dealers, and they still managed to get their asses shot off. A piss poor performance, tactically speaking.
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Nebor
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question. Are you debating against yourself now? And it is not necessarily "entirely legit" to shoot someone through the front door; it depends on the circumstances. An easy example would be someone who announces themselves as the police before they begin breaking down your door, because you have refused to open it.

Shooting blindly and recklessly could well make one guilty of a crime. You should watch the terminology.

"I didn't hear them" or, "Mrs. Johnson was just raped last week by some guys breaking in yelling 'Police! Police!'"

In basically every state that has passed the Castle Doctrine into law, shooting someone through the door is a-ok, as an unknown person forcing entry into your home is assumed to have lethal intent.

Nope. Here's a link to Massachusetts's law, for example:
http://www.mass.gov/legis/laws/mgl/278-8a.htm

(Your terminology is wrong on "passed the Castle Doctrine into law"-- it's not a statute or something.)
 

1EZduzit

Lifer
Feb 4, 2002
11,833
1
0
Originally posted by: punchkin
Originally posted by: punchkin
Here's an interesting case; I can't find out how it turned out, which may indicate a plea-bargain:
http://www.topix.com/content/k...play-out-in-bibb-court

Found this:
http://www.macon.com/198/story/230143.html

Well, it is a "war" on drugs and people get killed in wars. Thank God they didn't get those drugs flushed down the drain though!! That's the important thing and I'm sure that will be a comforting thought to his widow and kids over the coming years.
 

palehorse

Lifer
Dec 21, 2005
11,521
0
76
Originally posted by: punchkin
Originally posted by: Harvey
...
And yes, seriously, "castle." It's like your comments come pre-stupidized, and you're farking illiterate. The expression can be traced back at least five centuries. It expresses a fundamental principle of English common law and American Constitutional law:

A MAN'S HOME IS HIS CASTLE - "This saying is as old as the basic concepts of English common law.," From the "Morris Dictionary of Word and Phrase Origins" by William and Mary Morris (HarperCollins, New York, 1977, 1988).

"You are the boss in your own house and nobody can tell you what to do there. No one can enter your home without your permission. The proverb has been traced back 'Stage of Popish Toys' (1581). In 1644, English jurist Sir Edward Coke (1552-1634) was quoted as saying: 'For a man's house is his castle, et domus sua cuique tutissimum refugium' ('One's home is the safest refuge for all'). First attested in the United States in 'Will and Doom' (1692). In England, the word 'Englishman' often replaces man." From "Random House Dictionary of Popular Proverbs and Sayings" by Gregory Y. Titelman (Random House, New York, 1996).

It's different to quote a proverb, and another to use the wrong word. Hence it seems fine to say "A man's home is his castle", and everyone of course instantly understands. However, no one will take you seriously if you use the word "castle" to mean "home". They're not synonyms. Nebor's use was more than a mite silly, and Rainsford called attention to it in a funny way. Rainsford wasn't incorrect.
am I the only one around here who lives in a real castle?

Next you're probably going to tell me that you don't own a dragon either... sheesh... what a bunch of weirdos! :confused:
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: 1EZduzit
Originally posted by: punchkin
Originally posted by: punchkin
Here's an interesting case; I can't find out how it turned out, which may indicate a plea-bargain:
http://www.topix.com/content/k...play-out-in-bibb-court

Found this:
http://www.macon.com/198/story/230143.html

Well, it is a "war" on drugs and people get killed in wars. Thank God they didn't get those drugs flushed down the drain though!! That's the important thing and I'm sure that will be a comforting thought to his widow and kids over the coming years.

Yes, you're absolutely correct. In fact, since police may be killed in just about all their activities except sitting behind a desk, they should cease apprehending criminals, giving traffic tickets, responding to domestic-violence calls etc. too. Damn the consequences! No matter how infrequent, we must prevent death at all costs.
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Nebor
Originally posted by: punchkin
Originally posted by: punchkin
Here's an interesting case; I can't find out how it turned out, which may indicate a plea-bargain:
http://www.topix.com/content/k...play-out-in-bibb-court

Found this:
http://www.macon.com/198/story/230143.html

If you're going to be an oppressive, paramilitary force raiding citizens homes, you should at least be good at it. They suspected the guys were armed, and drug dealers, and they still managed to get their asses shot off. A piss poor performance, tactically speaking.

They weren't oppressive in this case; they were serving the public good. It is regrettable that a police officer was shot by a criminal, and is disgraced here by you. News flash: accidents and other unfortunate events happen, even when going knowingly after armed and violent criminals.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,059
73
91
Originally posted by: Nebor

Gosh Harvey, I'm suprised you didn't blame this on MY TRAITOR IN CHIEF and his CRIMINAL CABAL of constitution stomping COHORTS with their PATRIOT ACT. ;)

Thanks for posting about the crimes of your Traitor In Chief and his criminal cabal in bold caps. I've been giving that a rest, but you forgot to include that they're guilty of murder and torture, too.

Of course, it's completely off the OP's topic, but thanks again for the help in spreading the word. :thumbsup: :cool:

Now, if you're done with your showboat side tracking, can we get back to the OP's topic? :roll:
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: punchkin
Originally posted by: Harvey
...
And yes, seriously, "castle." It's like your comments come pre-stupidized, and you're farking illiterate. The expression can be traced back at least five centuries. It expresses a fundamental principle of English common law and American Constitutional law:

A MAN'S HOME IS HIS CASTLE - "This saying is as old as the basic concepts of English common law.," From the "Morris Dictionary of Word and Phrase Origins" by William and Mary Morris (HarperCollins, New York, 1977, 1988).

"You are the boss in your own house and nobody can tell you what to do there. No one can enter your home without your permission. The proverb has been traced back 'Stage of Popish Toys' (1581). In 1644, English jurist Sir Edward Coke (1552-1634) was quoted as saying: 'For a man's house is his castle, et domus sua cuique tutissimum refugium' ('One's home is the safest refuge for all'). First attested in the United States in 'Will and Doom' (1692). In England, the word 'Englishman' often replaces man." From "Random House Dictionary of Popular Proverbs and Sayings" by Gregory Y. Titelman (Random House, New York, 1996).

It's different to quote a proverb, and another to use the wrong word. Hence it seems fine to say "A man's home is his castle", and everyone of course instantly understands. However, no one will take you seriously if you use the word "castle" to mean "home". They're not synonyms. Nebor's use was more than a mite silly, and Rainsford called attention to it in a funny way. Rainsford wasn't incorrect.

It's not merely a proverb. The "Castle Doctrine" is a part of English Common Law that goes back to the Magna Carta.
 

Nebor

Lifer
Jun 24, 2003
29,582
12
76
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
One question I have after reading the article: did the defendant shoot through the door without seeing who was on the other side?

If someone is breaking into your house ("forcing entry" as the police put it) it's entirely legit to shoot them through the door.

Some might say that only a fool would shoot blindly and recklessly, violating several basic firearms handling rules, and I would be one of them.

It's interesting that no one answers my very simple question. Are you debating against yourself now? And it is not necessarily "entirely legit" to shoot someone through the front door; it depends on the circumstances. An easy example would be someone who announces themselves as the police before they begin breaking down your door, because you have refused to open it.

Shooting blindly and recklessly could well make one guilty of a crime. You should watch the terminology.

"I didn't hear them" or, "Mrs. Johnson was just raped last week by some guys breaking in yelling 'Police! Police!'"

In basically every state that has passed the Castle Doctrine into law, shooting someone through the door is a-ok, as an unknown person forcing entry into your home is assumed to have lethal intent.

Nope. Here's a link to Massachusetts's law, for example:
http://www.mass.gov/legis/laws/mgl/278-8a.htm

(Your terminology is wrong on "passed the Castle Doctrine into law"-- it's not a statute or something.)

It's reasonable to assume that someone breaking into your house is about to do you great bodily harm or death.

Shut the fuck up about the Castle Doctrine not being law. We all know it's LEGAL DOCTRINE. That's why it's called the fucking CASTLE DOCTRINE. Write "semantics" on a cock and choke on it why don't you? You could not be more annoying. Ugh.

Here's a link regarding a justified shooting through a door. This happens pretty frequently across the country. No one that I know of has ever been charged for shooting through a door.
 

Nebor

Lifer
Jun 24, 2003
29,582
12
76
Originally posted by: punchkin
Originally posted by: Nebor
Originally posted by: punchkin
Originally posted by: punchkin
Here's an interesting case; I can't find out how it turned out, which may indicate a plea-bargain:
http://www.topix.com/content/k...play-out-in-bibb-court

Found this:
http://www.macon.com/198/story/230143.html

If you're going to be an oppressive, paramilitary force raiding citizens homes, you should at least be good at it. They suspected the guys were armed, and drug dealers, and they still managed to get their asses shot off. A piss poor performance, tactically speaking.

They weren't oppressive in this case; they were serving the public good. It is regrettable that a police officer was shot by a criminal, and is disgraced here by you. News flash: accidents and other unfortunate events happen, even when going knowingly after armed and violent criminals.

Serving the public good? With machine guns and face masks. Right. The Red Cross serves the public good. SWAT teams just serve to terrorize the populace, and government loyalists like you encourage them all the way.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Castle Doctrine is part of common law. That means it's a legality established by precedent instead of legislation. That does not make it any less apart of the law.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,059
73
91
Originally posted by: Vic

I didn't vote for Bush, Harvey. :roll:

Score one point for you. And in case you didn't notice, we agree about the OP's issue of "a man's castle" so you score another point. :thumbsup: :cool:
 

punchkin

Banned
Dec 13, 2007
852
0
0
Originally posted by: Vic
Originally posted by: punchkin
Originally posted by: Harvey
...
And yes, seriously, "castle." It's like your comments come pre-stupidized, and you're farking illiterate. The expression can be traced back at least five centuries. It expresses a fundamental principle of English common law and American Constitutional law:

A MAN'S HOME IS HIS CASTLE - "This saying is as old as the basic concepts of English common law.," From the "Morris Dictionary of Word and Phrase Origins" by William and Mary Morris (HarperCollins, New York, 1977, 1988).

"You are the boss in your own house and nobody can tell you what to do there. No one can enter your home without your permission. The proverb has been traced back 'Stage of Popish Toys' (1581). In 1644, English jurist Sir Edward Coke (1552-1634) was quoted as saying: 'For a man's house is his castle, et domus sua cuique tutissimum refugium' ('One's home is the safest refuge for all'). First attested in the United States in 'Will and Doom' (1692). In England, the word 'Englishman' often replaces man." From "Random House Dictionary of Popular Proverbs and Sayings" by Gregory Y. Titelman (Random House, New York, 1996).

It's different to quote a proverb, and another to use the wrong word. Hence it seems fine to say "A man's home is his castle", and everyone of course instantly understands. However, no one will take you seriously if you use the word "castle" to mean "home". They're not synonyms. Nebor's use was more than a mite silly, and Rainsford called attention to it in a funny way. Rainsford wasn't incorrect.

It's not merely a proverb. The "Castle Doctrine" is a part of English Common Law that goes back to the Magna Carta.

... which does not make Nebor's use of the word "castle" any less ridiculous.
 

RightIsWrong

Diamond Member
Apr 29, 2005
5,649
0
0
Harvey,

This is a tragic event for all parties, but you really have no basis for your conclusions. Before you continue paraphrasing snippets of text and misconstruing what happened, maybe you should learn to read, starting what the ORIGINAL article actually said, first, eh?

You are being pretty hypocritical to call Rainsford out for drawing conclusions based on only the article. You are doing the same thing by drawing the conclusion that the identification was clearly visible. For all we know, the ID could have been a badge around the neck that was tucked inside of a shirt or jacket. And you also don't address the spokesperson's careful wording using the word "Usually".
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: punchkin
Originally posted by: Vic
Originally posted by: punchkin
Originally posted by: Harvey
...
And yes, seriously, "castle." It's like your comments come pre-stupidized, and you're farking illiterate. The expression can be traced back at least five centuries. It expresses a fundamental principle of English common law and American Constitutional law:

A MAN'S HOME IS HIS CASTLE - "This saying is as old as the basic concepts of English common law.," From the "Morris Dictionary of Word and Phrase Origins" by William and Mary Morris (HarperCollins, New York, 1977, 1988).

"You are the boss in your own house and nobody can tell you what to do there. No one can enter your home without your permission. The proverb has been traced back 'Stage of Popish Toys' (1581). In 1644, English jurist Sir Edward Coke (1552-1634) was quoted as saying: 'For a man's house is his castle, et domus sua cuique tutissimum refugium' ('One's home is the safest refuge for all'). First attested in the United States in 'Will and Doom' (1692). In England, the word 'Englishman' often replaces man." From "Random House Dictionary of Popular Proverbs and Sayings" by Gregory Y. Titelman (Random House, New York, 1996).

It's different to quote a proverb, and another to use the wrong word. Hence it seems fine to say "A man's home is his castle", and everyone of course instantly understands. However, no one will take you seriously if you use the word "castle" to mean "home". They're not synonyms. Nebor's use was more than a mite silly, and Rainsford called attention to it in a funny way. Rainsford wasn't incorrect.

It's not merely a proverb. The "Castle Doctrine" is a part of English Common Law that goes back to the Magna Carta.

... which does not make Nebor's use of the word "castle" any less ridiculous.

It's the actual name of the legal doctrine, child.