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Started By
Message
Legal issues with holding a gun in your home
Posted on 6/1/17 at 8:37 am
Posted on 6/1/17 at 8:37 am
An interesting case about the act of picking up a gun when the police are at your door:
LINK
I really don't understand how anyone could argue the police have a right to barge in without a warrant or shoot a homeowner in his home simply because he has a gun, but I'm no lawyer.
I know I've reached and would reach for a gun when it's late in the night when someone knocks on my door, but I'd like to hear the OB's opinion.
Another link from another case:
Andrew Scott
quote:
A federal judge decided the two deputies responded reasonably when they saw Angel Mendez, the sleeping man, reach for a weapon, which turned out to be a BB gun.
The deputies were liable for the injuries they caused, the judge ruled, because they had provoked the incident by going on to private property and barging into the shack without a search warrant and without announcing their presence.
In Tuesday’s opinion in County of Los Angeles vs. Mendez, the justices said the judge and the U.S. 9th Circuit Court of Appeals were wrong to rely on the provocation rule. But they sent the case back to the 9th Circuit to reconsider whether the verdict can be upheld on the grounds the deputies violated the 4th Amendment when they searched without a warrant.
LINK
I really don't understand how anyone could argue the police have a right to barge in without a warrant or shoot a homeowner in his home simply because he has a gun, but I'm no lawyer.
I know I've reached and would reach for a gun when it's late in the night when someone knocks on my door, but I'd like to hear the OB's opinion.
Another link from another case:
Andrew Scott
4
Posted on 6/1/17 at 8:52 am to Outlast101
This ruling is the USSC wiping their collective asses with the constitution
Posted on 6/1/17 at 9:11 am to Outlast101
I have the right to protect my house period.
those cops should have known better and were damn sure in the wrong.
on a sidenote: A bb gun? really?!?!?!
those cops should have known better and were damn sure in the wrong.
on a sidenote: A bb gun? really?!?!?!
Posted on 6/1/17 at 9:18 am to Outlast101
Wait a minute:
??
The facts in this case seem pretty far removed from what most of us are thinking about, but I guess the legal principles stripped away from the circumstances are still relevant?
quote:
a homeless couple who were startled and then shot when the two sheriff’s deputies entered the shack where they were sleeping.
??
quote:
The deputies were liable for the injuries they caused, the judge ruled, because they had provoked the incident by going on to private property and barging into the shack without a search warrant and without announcing their presence.
quote:
The case began in 2010 when deputies were searching for a parole violator who was believed to be armed and dangerous. Based on a tip, a dozen deputies went to a house in Lancaster. They did not have a search warrant. Several deputies banged on the front door and pressed to enter, and two others went around to the back where they saw three metal storage sheds and a wooden shack. When one of them opened the door of the shack and pulled back a blue blanket, he startled a man and a woman who were napping. When the man reached for a BB gun, one deputy yelled “Gun!” and the two officers fired 15 shots.
The facts in this case seem pretty far removed from what most of us are thinking about, but I guess the legal principles stripped away from the circumstances are still relevant?
This post was edited on 6/1/17 at 9:31 am
Posted on 6/1/17 at 9:33 am to Outlast101
I know this situation is different, these cops should face the consequences for their actions, I think any reasonable person can understand that. I am heavily biased to the side of the Leo's normally.
And just to open this up.
No knock warrants are dangerous and the judges that sign them not the officers should be held accountable for the incidents/accidents/shootings or anything else that goes on during these activities.
Put that judges arse on the line and I bet they review the Intel better and these types of raids will dwindle down.
And just to open this up.
No knock warrants are dangerous and the judges that sign them not the officers should be held accountable for the incidents/accidents/shootings or anything else that goes on during these activities.
Put that judges arse on the line and I bet they review the Intel better and these types of raids will dwindle down.
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