police at the door/wrong door--what to do?

[Rustyt1953]

I wasn't there. None of us were. Until the investigation results are published we are all speculating.

 

[RCL-09]

Ya, you can cut your odds of being shot by law enforcement down by not answering your door at night, with or without a gun. You can also cut your odds of not being killed by a drunk driver by not driving later at night.

But, a citizen has every right in the world to drive late at night, and that does not give drunk drives the right to kill them. Every citizen in this country has the right to hold a gun in their own home and that does not in anyway give LEOs the right to gun them down in the name of their own safety.

Police make mistakes. True. So, do the people they are sworn to protect. The idea that a cop should be able to wake someone up late at night from a dead sleep in their own home and expect a 100% reasoned and rational response from them is ridiculous. The idea that when their response scares the LEO, it is the citizens own fault when they get shot dead by the very people who are supposed to protect them is even more ridiculous.

No way on Gods green earth is this the fault of the citizen.

Don't want to confront ARMED CITIZENS late at night? Don't take a job that might require waking them up late at night in their own homes and if you do make double sure your at the right address.

Yes, the people want police protection. Yes it is dangerous work. The people also want to eat crab. Nobody forced me to sign on to a crab boat. People want gasoline, nobody forced me to go to work on drilling rigs.

And then there is pointing a gun at police... And expecting what?

 

[steelslaver]

While I do not advocate pointing guns at cops, nor would I expect a great out come by doing so, reread the parts about waking people from a dead sleep, in their own home, late at night and expecting a 100% reasoned response.

There is a reason attacking in the middle of the night when your foe is asleep has been a great tactic forever. Dazed, confused, and a poor response.

Don't want a gun pointed at you by home owners late at night? Don't take a job that requires you doing that.

I do not believe the 2nd Amendment says "except for late at nigh in your own home when the police show up" anywhere.

I got that the home owner could have done better.

The very idea that the honest law abiding citizen's death really isn't the cops fault but the citizen's galls me to no end.

 

[RCL-09]

How is this a 2nd Amendment issue?

 

[steelslaver]

How is this a 2nd Amendment issue?

My point was that he had every right in the world to stand in his own door way with a gun and not get gunned down. His actions we in no way illegal. Not the brightest true. But, being stupid on your own property is not a shooting offense.

Plus, in Montana a cop by passing my No Trespassing signs without a WARRANT is prohibited unless I request their presence. It is my dirt, if you want on it either make a request or get a warrant before you even enter the driveway. Park in the street and we will sort it out from there. My doorway is marked with a "come back with a warrant" door mat and my wife is an attorney. Just go away or go get that warrant.

 

[Benton Quest]

The homeowner had a right to own a firearm. He even had the right to answer with it in his hand.

So, he also had a right to point it at the officer(s)?

I am confused.

Wrong address aside, which happens, how were the police to react with a person pointing a gun at them?

What would you graduates of the Internet Police Academy have done?

It was a bad situation, all around, but police placed in that position acted quite predictably. They are not paid to be bullet sponges.

And no, as an armed citizen, which is a right, you don't get to shoot people in your front yard given no additional stimuli. That is not a right and in fact will put you in the Gray Bar Hotel.

A lot of experts here though. How would you have handled it...not the wrong address, but that sliver of time? Really?

Sent from my SM-G990U using Tapatalk

 

[RCL-09]

My point was that he had every right in the world to stand in his own door way with a gun and not get gunned down. His actions we in no way illegal. Not the brightest true. But, being stupid on your own property is not a shooting offense.

It is interesting that you missed the small little issue of him pointing the gun at the police.

And this has absolutely nothing to do with the 2nd Amendment.

 

[biku324]

My point was that he had every right in the world to stand in his own door way with a gun and not get gunned down. His actions we in no way illegal. Not the brightest true. But, being stupid on your own property is not a shooting offense.

Plus, in Montana a cop by passing my No Trespassing signs without a WARRANT is prohibited unless I request their presence. It is my dirt, if you want on it either make a request or get a warrant before you even enter the driveway. Park in the street and we will sort it out from there. My doorway is marked with a "come back with a warrant" door mat and my wife is an attorney. Just go away or go get that warrant.

The police were responding to an in-progress DV call, which the Supreme Court in MT or anywhere else (certainly also in NM) could reasonbly conclude is an 'exigent circumstance,' allowing police to be on these premises to effect an investigation, a search or seizure even in MT. See State v. Wakeford, 1998 MT 16, ¶ 22, 287 Mont. 220, 953P.2d1065, which in relevant part reads, "...An exigent circumstance is one "that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts." Being at the wrong address muddies the specific incident.

 

[murphydog]

I read all 147 replies. All possible opinions appear expressed. Thread closed.