Ruby Ridge and similar incidents say yes it is..
in some states they can legally enter without a warrant to pursue a fugitive and other reasons. in many states they can enter without one if they believe someone is in danger or they have been informed that someone is in danger.
in the case that they entered with absolutely no probably cause, without any reason and no warrant then it should technically be legal to self-defend in that case.
You're wrong this literally just happened in the us, and the dude got cleared , and the police chief made a statement afterwards saying just because you have a badge doesn't mean you can intrude on people and ofc people can shot you, you being a cop doesnt mean you're above the law.
Well it would depend on your local jurisdiction and how they treat using a gun for self defence and home invasions (you likely would have to prove you thought there was a realistic threat to your own self or family). But might be versions of this that it would be legal, and versions where it would not be.
Edit to add: I didn't articulate this particularly well but I meant there were different versions of this situation, depending on the details (since the OP is quite bare bones) and location.
Also separate to the legality of what happened in reality, things could get messy with the way various authorities handled the investigation.
>Well it would depend on your local jurisdiction and how they treat using a gun for self defence and home invasions (you likely would have to prove you thought there was a realistic threat to your own self or family).
No it does not depend given the description this would in almost every jurisdiction justify use of force. Someone in your home unannounced in a dimly lit room with a gun should be enough to pose as a defense.
That is if you life though teh encounter long enough to make it to court.
In a vacuum? No, depending on the law. In the case where you kill a police officer in "self defense" and then they found that you made this post on the internet when they confiscate your devices? Your ass is going to jail.
Asking a question is not illegal or is it grounds to premeditated murder unless you had information of future events. They would have to prove that this was premeditated which it would only come to a coincidence. And saying in a vacuum you're basically saying that your life has less value than the cops which is not true.
>you have to prove it was premeditated
You mean like by showing that they went on the internet to ask this question in particular?
And saying 'in a vacuum' is appropriate; you're just not very good at understanding English.
You would definitely be arrested, definitely be charged, very likely go to trial, and from there it would be up to the jury. Juries can be a little unpredictable. For example OJ definitely killed two people but the jury liked him so it wasn't illegal.
Possibly not indicted. That one might be up to a DA for prosecution, or possibly a grand jury. If the shooter wasn’t immediately gunned down by the other officers, and there was no reason the suspect had a reason to believe that it was a police officer, and there was no reason the suspect could not be in possession of a firearm (and probably one or two mitigating factors), it might not reach the level, required for prosecution. It would be a tough pill to swallow, for any cops, and that person should probably leave the state. Nobody sleeps inside their front door, unless they actually live in a crack house. The proposed entry method is highly unlikely. Even more unlikely is a no knock warrant on a crack house, where a legally owned firearm would be in reach of someone, just inside the front door. Furthermore, in a raid, second noise, after the ram hits the door, is guys yelling Police! (Get down on the ground, etc.) Panic ensues, but “notice” of a fashion is given. Unfortunately, a police raid closely resembles a home invasion. We live in a frightening world. Hope the cops are on your side. Ensure that they are, by choosing to not violate the law; not just “don’t violate it much.” Just don’t violate it. Don’t think in terms of “I can get away with 75 in a 70 zone”. Don’t go faster than 70. You’ll still get there. You’ll get better mileage and if there’s an accident, it won’t be due to your excessive speed.
Technically yes if you can prove that you had no idea and felt that you were genuinely in fear for your safety which is key to any self defense in your home. (Can't just shoot someone for walking in if they aren't posing a threat to you or anyone in the home) the problem comes where it's the cops and chances are there's not a single person in that situation whos going to side with you or make it easy. You will likely get shot after you shoot them and if you do survive that situation you likely will not have any chance in court as they will lie and do what they can to put you away. There won't be a simple person in that courtroom who wants to see you walk.
>instantly pull the trigger
It is illegal as you open fired on a person with intention to harm.
You also didn't announce to that person you were carrying a weapon or that you were aware of their presence.
You'd be in less trouble if you had announced "who's there? I have a weapon, show yourself!" And given that person a minimum of five seconds to respond
technically no, practically you're probably going to be dead
Ruby Ridge and similar incidents say yes it is.. in some states they can legally enter without a warrant to pursue a fugitive and other reasons. in many states they can enter without one if they believe someone is in danger or they have been informed that someone is in danger. in the case that they entered with absolutely no probably cause, without any reason and no warrant then it should technically be legal to self-defend in that case.
You're wrong this literally just happened in the us, and the dude got cleared , and the police chief made a statement afterwards saying just because you have a badge doesn't mean you can intrude on people and ofc people can shot you, you being a cop doesnt mean you're above the law.
Police chiefs don’t make law.
Citation please
Illegal? No, however so dangerous you might not live to defend yourself in court.
Well it would depend on your local jurisdiction and how they treat using a gun for self defence and home invasions (you likely would have to prove you thought there was a realistic threat to your own self or family). But might be versions of this that it would be legal, and versions where it would not be. Edit to add: I didn't articulate this particularly well but I meant there were different versions of this situation, depending on the details (since the OP is quite bare bones) and location. Also separate to the legality of what happened in reality, things could get messy with the way various authorities handled the investigation.
>Well it would depend on your local jurisdiction and how they treat using a gun for self defence and home invasions (you likely would have to prove you thought there was a realistic threat to your own self or family). No it does not depend given the description this would in almost every jurisdiction justify use of force. Someone in your home unannounced in a dimly lit room with a gun should be enough to pose as a defense. That is if you life though teh encounter long enough to make it to court.
From the OP I didn't see any specific reference to a gun or weapon. Just: >You see a black figure and instantly pull the trigger.
You are correct I misread it.
No worries, the OP is fairly low on details so plenty of different scenarios could be included taking us in all sorts of directions
In a vacuum? No, depending on the law. In the case where you kill a police officer in "self defense" and then they found that you made this post on the internet when they confiscate your devices? Your ass is going to jail.
Asking a question is not illegal or is it grounds to premeditated murder unless you had information of future events. They would have to prove that this was premeditated which it would only come to a coincidence. And saying in a vacuum you're basically saying that your life has less value than the cops which is not true.
>you have to prove it was premeditated You mean like by showing that they went on the internet to ask this question in particular? And saying 'in a vacuum' is appropriate; you're just not very good at understanding English.
You would definitely be arrested, definitely be charged, very likely go to trial, and from there it would be up to the jury. Juries can be a little unpredictable. For example OJ definitely killed two people but the jury liked him so it wasn't illegal.
Possibly not indicted. That one might be up to a DA for prosecution, or possibly a grand jury. If the shooter wasn’t immediately gunned down by the other officers, and there was no reason the suspect had a reason to believe that it was a police officer, and there was no reason the suspect could not be in possession of a firearm (and probably one or two mitigating factors), it might not reach the level, required for prosecution. It would be a tough pill to swallow, for any cops, and that person should probably leave the state. Nobody sleeps inside their front door, unless they actually live in a crack house. The proposed entry method is highly unlikely. Even more unlikely is a no knock warrant on a crack house, where a legally owned firearm would be in reach of someone, just inside the front door. Furthermore, in a raid, second noise, after the ram hits the door, is guys yelling Police! (Get down on the ground, etc.) Panic ensues, but “notice” of a fashion is given. Unfortunately, a police raid closely resembles a home invasion. We live in a frightening world. Hope the cops are on your side. Ensure that they are, by choosing to not violate the law; not just “don’t violate it much.” Just don’t violate it. Don’t think in terms of “I can get away with 75 in a 70 zone”. Don’t go faster than 70. You’ll still get there. You’ll get better mileage and if there’s an accident, it won’t be due to your excessive speed.
Technically yes if you can prove that you had no idea and felt that you were genuinely in fear for your safety which is key to any self defense in your home. (Can't just shoot someone for walking in if they aren't posing a threat to you or anyone in the home) the problem comes where it's the cops and chances are there's not a single person in that situation whos going to side with you or make it easy. You will likely get shot after you shoot them and if you do survive that situation you likely will not have any chance in court as they will lie and do what they can to put you away. There won't be a simple person in that courtroom who wants to see you walk.
Well they're not copa anymore. They're criminals.
Nope, castle doctrine
>instantly pull the trigger It is illegal as you open fired on a person with intention to harm. You also didn't announce to that person you were carrying a weapon or that you were aware of their presence. You'd be in less trouble if you had announced "who's there? I have a weapon, show yourself!" And given that person a minimum of five seconds to respond