Posted: 6/26/2001 11:08:03 AM EDT
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I just read the dog shooting thread and it got me thinking. What if the cops or any other agency broke down your door thinking they were at someone elses house. What would happen if you didn't know they were cops or if you though they were impersonating cops, and you shot some or all of them. Has this happened before. Obviously you would be in soem deep shit after this happened, but would you be prosecuted? Being as it is their fault and all. |
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Quoted: I just read the dog shooting thread and it got me thinking. What if the cops or any other agency broke down your door thinking they were at someone elses house. What would happen if you didn't know they were cops or if you though they were impersonating cops, and you shot some or all of them. Has this happened before. Obviously you would be in soem deep shit after this happened, but would you be prosecuted? Being as it is their fault and all. hung out to dry...they would say you SHOULD have known..makes no sense does it |
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It has not happened numerous times. It has happened a handful of times in the last few decades. I'm sure there are flamers here who will point out several instances, but they are all the same few incidents, over and over. There is no legal right to resist a law enforcement officer attempting to make an arrest or a search, even if the arrest or search later turns out to be incorrect. This is long and well established in case law. These officers who are involved in these mistakes do not wake up in the morning and say "let's go violate someone's 4th Amendment rights!" When these mistakes happen, it is usually not the fault of the guys serving the warrant. When they do happen, strong disciplinary action, and even criminal prosecutions of the involved officers usually occurs. As far as the homeowner goes, how do you know it is an "incorrect" warrant? You don't know why the police are there until after the entry is over with and someone explains it. To answer the question, resisting a search or arrest warrant, even an incorrect one, with deadly force, will result in criminal chrages being filed against the resister, if they survive. |
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Whether or not the officers identified themselves, or were identifiable. Sorry, I'm very much pro-LEO, but numerous is a relative term...and when I say LEO, I include the Feds. Mistakes are only one thing...when they are in violation of the Consitution of the United States, and kick in a door, they should not have the protection of the law. |
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There is no legal right to resist a law enforcement officer attempting to make an arrest or a search, even if the arrest or search later turns out to be incorrect. This is long and well established in case law. ..... When they do happen, strong disciplinary action, and even criminal prosecutions of the involved officers usually occurs. As far as the homeowner goes, how do you know it is an "incorrect" warrant? You don't know why the police are there until after the entry is over with and someone explains it. To answer the question, resisting a search or arrest warrant, even an incorrect one, with deadly force, will result in criminal chrages being filed against the resister, if they survive. 1)No legal right, like hell. The law? Maybe some BS technical Law, but truthfully? My Property. Period. 2) Prosecution? Hardly. Day without pay maybe. But I really doubt charges 3) Thuggery. This kind of dismissal is exactly why things have gotten to be this way. Bring on the criminal charges. they come into my house i am defending [i]my family[/i] against an intruder. i know I didn't do anything wrong. If the dumb ass can't read the right address he is not going to run my house over and possibly harm my family as a result. They have a responsibilty. They are cops only if they are just ly acting out their jobs. Once they start f'ing up, they lose that authority. |
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As far as the homeowner goes, how do you know it is an "incorrect" warrant? You don't know why the police are there until after the entry is over with and someone explains it. You're joking right? I do in fact know that I have committed no crime that would allow a single law enforcement officer the right to kick down my door and assault my family with physical force at gun point. Whoever kicks down my door is a criminal and will be treated as such. If it means my life will be taken by Jack Booted Thugs then so be it, I will not hesitate to shoot intruders for fear they "might" be law enforcement officers. These no knock raids are a joke and the fact the courts allow them is further insult. |
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Two incidents that I know of in my area: 1. A couple of years ago police kicked in the door of a home in my county of residence to apprehend a suspect. They chose the wrong home and scared the family half to death. The family received an out-of-court settlement. 2. A couple of months ago in my state of residence a man lost the keys to his apartment so he climbed in a window. A neighbor thought it was a burglar and called police. The police burst into his apartment. The man heard "intruders" and lunged out of his bed with a knife. He was shot and killed by the officers. For all of you LEOs on this board: This post is not intended to flame any of you. |