# Lost in woods - Is breaking into an unoccupied Cabin legal? **URL:** \ **Category:** Factual Questions\ **Created:** [May 10, 2013, 10:59pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033 "2013-05-10T22:59:55Z")\ **Posts on this page:** 7\ **Page:** 3
**Author:** ![The\_Man\_In\_Black](https://avatars.discourse-cdn.com/v4/letter/t/bcef8e/32.png) [@The\_Man\_In\_Black](https://boards.straightdope.com/u/The_Man_In_Black)\ **Post date:** [May 13, 2013, 1:32pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033/41 "2013-05-13T13:32:11Z")
> [@Darth\_Panda](#): > > THE QUEEN v. DUDLEY AND STEPHENS > > [vLex | Legal AI | Live Case Law | Statutes & Regulations](http://www.justis.com/titles/iclr_bqb14040.html) > > Note that this case, like most, is fact specific. Had they drawn lots, or had they not been seamen, the case may have turned out differently. That is not a cite. That is about murder. Try again. ---
**Author:** ![Malthus](https://avatars.discourse-cdn.com/v4/letter/m/85f322/32.png) [@Malthus](https://boards.straightdope.com/u/Malthus)\ **Post date:** [May 13, 2013, 2:56pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033/42 "2013-05-13T14:56:48Z")
> [@GuanoLad](#): > > That seems a reasonable option, actually, but I suspect the most likely method is to leave a note with your contact details. We have had people do that at our family cabin, which is a reasonably remote location. We keep it locked to discourage casual vandalism. A group of wind-swamped canoists broke in (smashed the lock) for shelter after they took a spill off our dock, lost their stuff and feared hypothermia.They left a note offering to pay for everything w/contact details. We wrote back telling them not to worry about it. Shit happens, you deal with it; though of course it was very much appreciated that they offered. ---
**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\ **Post date:** [May 13, 2013, 4:14pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033/43 "2013-05-13T16:14:03Z")
Suppose you do break in to save yourself but were in a castle doctrine state. If the real owner came home and found you there would he be within his rights to shoot you? ---
**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\ **Post date:** [May 13, 2013, 4:28pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033/44 "2013-05-13T16:28:22Z")
According to Sheldon on “The Big Bang Theory”, _quod est necessarium est licitum_, “That which is necessary is lawful.” It didn’t keep him from having to pay his ticket. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 14, 2013, 5:43pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033/45 "2013-05-14T17:43:37Z")
> [@Buck\_Godot](#): > > Suppose you do break in to save yourself but were in a castle doctrine state. If the real owner came home and found you there would he be within his rights to shoot you? Maybe. Remember that in a castle doctrine state, a person who has broken into your house is only presumptively there to harm you. If the OP would hit the floor, lie face first, and scream, “Please don’t shoot me! I was stuck in the cold and needed help! I am unarmed!!!,” even in Texas you can’t walk over and put a bullet in the back of his head. But the point still stands. By breaking into a person’s home, you are very much putting yourself in harm’s way. ---
**Author:** ![Baker](https://avatars.discourse-cdn.com/v4/letter/b/bb73d2/32.png) [@Baker](https://boards.straightdope.com/u/Baker)\ **Post date:** [May 14, 2013, 5:57pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033/46 "2013-05-14T17:57:34Z")
> [@aceplace57](#): > > It could get ugly if the homeowner returned while a person was in the cabin. > > Most people are sympathetic to a lost hiker or someone with a car broke down. But explaining yourself to an irritated homeowner (who may be armed) could be difficult. You’d want to look as harmless as possible and talk fast. > > In WWII I’ve read that lost GI’s slept in haystacks to stay warm. But I haven’t seen a haystack in a field in years. They all bale hay now or make those huge rolls. A friend of my father was a pilot in WWII and was shot down over Germany. Taken prisoner, he escaped and stayed out for three weeks before being caught again. He originally hid in a farmer’s barn, in the piled hay. The farmer found him but didn’t turn him in, even provided some food. Farmer knew almost no English, the American almost no German, but they got along, and the farmer’s sister even made the guy a cake, as they somehow worked out that the American’s birthday fell during his escape time. Of course when the German military finally caught up and found the guy the farmer pretended to be angry at him, and the American pretended to be scared of the farmer too, so he wouldn’t get in trouble. Since he’d stayed in the barn and was only in the house once(for the cake) there was plausible deniability. ---
**Author:** ![JohnGalt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johngalt/32/184_2.png) [@JohnGalt](https://boards.straightdope.com/u/JohnGalt)\ **Post date:** [May 14, 2013, 6:31pm UTC](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033/47 "2013-05-14T18:31:18Z")
A couple years ago in Minnesota, a 24-year old male got his car completely stuck in a ditch full of snow late at night on the coldest day in February. He walked to the nearest house and broke in to prevent his own death or injury. According to the prosecutor, that was legal in Minnesota. However, he then went to ransack the place, discovered the unlocked gun cabinet, took a shotgun and proceded to shoot to death two people in the house who were awakened by the commotion. He was sentenced to life in prison for that act (I sat on the jury). [Previous page](https://boards.straightdope.com/t/lost-in-woods-is-breaking-into-an-unoccupied-cabin-legal/658033.md?page=2)