So I’ve been watching this YT channel called “Audit the Audit” and I saw a case where 9 police officers forcefully enter a man’s house without a warrant because of a supposedly 911 call (they got the wrong address).
If he had pulled out a gun and pointed it at them while telling them to leave, would have he been within the law or not?
29 comments
That’s a good way to get shot
IANAL
Yes, **sometimes**
Courts have determined that during a no-knock, no-announce forced entry by police, one may legally shoot, and even kill, a uniformed officer if it’s immediately upon their entry. That is to say, if a reasonable person would not know that they were officers executing a warrant.
They can also shoot and kill you, though, so…
Within the law but also shot
Generally, you aren’t allowed to point a gun at someone you aren’t in fear for your life or significant bodily harm from. If they are just in your yard, that might not pass the test. But if they were barging down your door unannounced, I think you’d be backed in court. You might be dead unfortunately, but you might be “right”.
Something like that happened in the Breonna Taylor case. Policed barged in and her boyfriend actually fired shots and hit one of the officers. He was originally charged with attempted murder of a police officer but the charges were later dropped. Unfortunately Breonna was killed by the officers’ return fire.
That’s not a question that can be answered right now. From purely a legal perspective, there are multiple laws involved in that scenario, so figuring out that out is unpredictable.
That said, the detail of pointing the gun *at someone* is a big deal, and what is legal here sort of doesn’t matter the moment this happens. It’s the most dangerous thing a person can do with a gun short of actually shooting it.
From a practical perspective, those guys are itching for any reason to shoot their weapons because everything up to that point has told them to be prepared to die upon confronting someone in their house. It won’t be a hypothetical, but now the process involved in sorting out the question just got way more complicated.
Doesn’t matter what the law says, this is idiotic. Don’t do it.
Legal, yes. Smart? **NO**.
Sounds like a good way to end up dead with a little bit of crack sprinkled on top of you.
Pointing a gun at an armed person especially a police officer without firing will get you killed. Never point a gun at a person you aren’t actively putting to permanent sleep.
But to answer your question depends on the states castle doctrine.
Nine heavily armed, well-trained men in body armor are quickly closing in on your position. You notice that they are police officers. You can….
1. Pull a weapon and point it at them because you think you have the legal right to do so. In this case all nine of the officers will begin firing at you and they will not stop until you are on the ground and the threat to the officers no longer exists. However, if there is still a gun in the hand of your dead body, you may still be perceived as a threat and the firing may continue.
2. You can quickly lay face down on the ground as far away from a weapon as possible with your arms outstretched while yelling “I’m unarmed” repeatedly. In this case you probably have a decent chance at survival.
If you want a judge to decide whether you had the legal right to die while pointing a gun at nine heavily armed, well-trained men wearing body armor then by all means take option one.
By the way, it’s doubtful he would ever get to the part where he yells at them to leave. Once he pointed a weapon at the nine heavily armed, well-trained men in body armor the only thing anyone would hear is the sound of dozens and dozens of rounds being fired.
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TLDR: Point a gun at nine heavily armed, well trained men in body armor and you will most likely die regardless of your rights. This holds true for the most part regardless of where you are.
That would be legal, yes. There are plenty of correct people in graveyards, though.
Not being facetious, but he probably wouldn’t live to tell the tale, and the cops likely would have been cleared of any wrongdoing due to him making such a dumb move.
It may or may not be legal, depending on the circumstances, but it will pretty much be guaranteed to get you shot.
Fight the police in court, not at gunpoint.
Do not do this. Under certain circumstances, it may be legal if you live to fight that battle in court but this is not a hill you want to die on. Literally or figuratively.
Don’t know but it’s a pretty good way to die.
It may be legal but good luck
If you know he’s a police officer and they’ve identified themselves , no. The castle doctrine in general doesn’t mean you get to shoot anyone you want on your property.
The problem in the US lately, is what’s called a “no-knock” warrant. The police storm through the door before identifying themselves.
It may be legal, but if they identify themselves, you’re an idiot. If they don’t identify themselves, they’re the idiot.
in some cases yes, but he wouldnt be the one fighting the cops in court afterwards.
There’s a few cases of people actually shooting a cop and not getting convicted, but the stars really need to align perfectly for you to not go to prison or get shot yourself before you have the opportunity to do so.
Questions like this depend highly on the state and the local prosecutor but in general.
Most of the US either has “castle doctrine” laws on the books or follows castle doctrine as a matter of common law.
Castle doctrine states that you can defend yourself using lethal force within your own home (although some states extend this privilege/right all the way out to public spaces “stand your ground”).
In general, you can only brandish a weapon in self defense in places where you have a lawful right to self defense [and in a situation where a reasonable person would fear for their life/grievous bodily harm]. In this case, inside your own home being broken into by multiple strangers.
Now as a matter of practicality, the cops are going to shoot you and then settle a multimillion dollar lawsuit later (being in the wrong home). You being dead, will not get to spend that money.
You’d be within your legal right, but you’d also be dead.
It is hilariously both legal and a good way to get killed without anyone facing consequences
He would be killed. I don’t think there’s any scenario where you point a gun at an officer and end up being in the right. Most likely you will end up dead every time.
Was this about the Breonna Taylor murder, or just very similar??
You will get filled with bullets and the cops will face no legal repercussions.
That’s the whole point of the second amendment, right?
No, but now it’s legal for the cop to kill you
You mean while they’re bursting through the door? Then it’s a question of who shoots whom first.
Or do you mean they burst through the door, the situation calms down and they realize their error, THEN you point a gun at them? That’s definitely illegal. You can’t point guns at people that aren’t imminent threats to your life.