legal ramifications?

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09-01-2011, 19:18
sniper7

legal ramifications?

After reading another thread about firearms being confiscated and I was also thinking about a few stories I have heard about no-knock no warrant entries.

What do you think the ramifications would be if the cops busted into your home, without a warrant and without cause (you have done nothing) and you defended your home and stopped the inturders (the cops).

I just wonder what the legal ramifications would be...you didn't screw up...they did and you did nothing wrong but defend yourself in your home on your property.
09-01-2011, 20:02
Elhuero

There wouldn't be any, at least for you. Because you'd be dead.

Even if later on they figure out they had the wrong house, if you act threateningly they will kill you DRT.

some folks may whine and call me a cop hater, but it is the undeniable truth.
09-01-2011, 20:07
Zundfolge

A little bit of googling and you may find stories of people that shot cops that kicked in the wrong door and some of them even survived (and didn't go to jail either). EDIT I know there were some stories out there ... but after googling I can't find them.

At any rate, this is why God made SS109. Just sayin'.
09-01-2011, 20:20
Irving

What if a bunch of legislators illegally raided your house?
09-01-2011, 20:37
sniper7

Quote:

Originally Posted by Elhuero

There wouldn't be any, at least for you. Because you'd be dead.

Even if later on they figure out they had the wrong house, if you act threateningly they will kill you DRT.

some folks may whine and call me a cop hater, but it is the undeniable truth.

That would be most likely the case, but if you happened to survive it what I was wondering.
09-01-2011, 21:25
Wulf202

It's happened many many times. Your heirs will have a good case for civil court.
09-01-2011, 22:05
Inspector Fowler

The issue is that you can't tell if somebody has a warrant or not when they're no-knocking your house. That's sort of the point of the warrant.

If the cops have been acting in good faith, but you are totally innocent of anything you have been accused of, it will typically get sorted out.

The problems come when one of two things happen. One is when the cops are not acting in good faith - they didn't check the house address, they falsified information on the warrant affidavit, they search outside the scope of the warrant, etc.

The other is when the officers on scene are acting in good faith but the (potentially innocent) homeowner becomes resistant.

If you want a good case in court later, the best option is to firmly but very politely assert your rights, but KNOW WHAT THEY ARE. Tell the officers you would like to see the warrant as soon as possible, but realize they do not always have to show it to you immediately. Most warrants are signed electronically (at least in my county) and when things are sorted out they can get you a copy.

If the police reports talk about how you weren't a dick, and later it turns out that the cops had their heads up their asses, you will prevail in court. Yes, that is a shitty way to prevail. Yes, it is a waste of everybody's time. But shooting the cops on a no-knock raid is pretty much the worst thing you can think of doing. Nobody wins.
09-01-2011, 22:06
Elhuero

Quote:

Originally Posted by sniper7

That would be most likely the case, but if you happened to survive it what I was wondering.

there's no way to speculate, everything depends too much on the situation.

there's a good chance you'd be financially ruined after all the legal proceedings, and you may or may not have to deal with harassment from vengeful police for years afterword. all depends on how things went down.

Quote:

Originally Posted by Wulf202

It's happened many many times. Your heirs will have a good case for civil court.

that's the rub. to get the "oops, we're sorry" settlement you need to be dead.

maybe it has happened before, but I really don't think it's likely that any city or department will pay you a large settlement if you killed police in your home and survived.
09-01-2011, 22:17
Zundfolge

Quote:

Originally Posted by Inspector Fowler

The issue is that you can't tell if somebody has a warrant or not when they're no-knocking your house.

Thing is no-knocks served on the wrong house are still somewhat rare (its no-knocks for minor crap like misdemeanor pot possession or failure to pay student loans or other weak crap that are on the rise) so since I am not engaged in any criminal activity I have to assume that anyone yelling "POLICE!" and kicking my door in at O-dark-thirty are criminal home invaders pretending to be the police so I will open fire.

If its real cops than oh well, if I survive I'll sue, if I die my wife will sue.

But by GOD if some cop shoots my dog (who wouldn't harm a fly) I will make it my life's work to destroy them in any way I can and not go to jail.