So you shot someone in self defense....

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TheArchDuke

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Some one breaks into your house and your life is in danger and you shoot. He maybe be dead or he may not be. Either way, are the cops allowed to search your house when they show up to investigate the shooting? It's not hard to imagine that they would try, at least here in California.
 
Since your home is now, technically, a crime scene they could search it. If the chief and his underlings are cool with home defenders they would probably just do a cursory search to ensure everyone is safe and no more bad guys around. If the chief is one of those 'civy's shouldn't have guns' type, you could probably expect a more thorough search. I'm no lawyer or LEO and this is just my opinion.
 
They can also take your gun, and hold you for questioning

Our CCW instructor, who was for 30 years the director of the county S.W.A.T. advised, "Never talk for 24 hours, so you have time to calm down and collect your nerves. Same advice as to police. He said that, "They will probably arrest you, and they will take your gun, BUT, you will not make errant statements under pressure, and especially in the case of some anti-gunners."

He later stated that the police are just about 50% / 50% split between people should (not) have guns.


My instructor is also a licensed attorney who defends police and CCW holders.

Doc2005
 
It doesn't matter if your out and about or at home. If you have to shoot, you need your lawyer!! ASAP! Limit what you say, measure your wording carefully!
Have your lawyer do most your talking...CYA!!!
 
which brings me to another sort of random question. Does anyone know if a belt of inert .308 is illegal? Someone my brother and I went shooting with said it ISN'T (typo fixed). I thought it sounded wrong but he brought up the fact that inert grenades are illegal here too. I ask because I was checking my room for anything that might be suspicious if a cop searched it. The idea came up because of this thread haha.



Oh and is someone who considers themselves well versed in California gun law willing to answer a question for me through Private Message? hehe.
 
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If you ever have to shoot someone, only say two things:

1) I was afraid for my life*, and

2) I want to call my lawyer.

If necessary, keep repeating these like a mantra, over and over, until you have your lawyer at your side. Once you are lawyered up, let them do the talking.

*If #1 isn't true, then you have bigger problems than telling this lie. :what:
 
From a distinctly legal standpoint, shooting someone -- even in a GOLDEN self-defense situation in your home -- is "bad news." You will get arrested, your home will get searched, you need a lawyer (professional legal council), ALL weapons will be removed from your possession, you will be stigmatized (neighbors) and ANYTHING found in your home that doesn't make you a saint WILL be used against you by the public or in court.

This will be the case until it is all "sorted out."

If you're golden, life goes on. If you're not, "you pulled the trigger, knowing you had a big brick of hash in your basement." :)

"Searches don't bother me in the instance given above."
 
Whether or not you will be facing arrest ( in a justifiable shooting) is determined mostly by location, both the location of the shooting (home vs. public area) and the location where you live. (ie; prevailent attitudes towards guns and self defense.) if you live in a area that is very liberal and anti gun sentiment is strong then your probably facing arrest. at least in a public area shooting.
 
f you ever have to shoot someone, only say two things:

1) I was afraid for my life*, and

2) I want to call my lawyer.
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There is no reason you need to state that you were in fear for your life. That will come out later. The less you talk, the less chance you will get to be chatty and the less chance you have to say something stupid or poorly worded that can be turned around and used against you. It does not look good if the story you give at the time of the shooting do not match the story you may give as some later point. People under stress and immediately after stress are not always thinking clearly, hence how they get into trouble.

From a distinctly legal standpoint, shooting someone -- even in a GOLDEN self-defense situation in your home -- is "bad news." You will get arrested, your home will get searched, you need a lawyer (professional legal council), ALL weapons will be removed from your possession, you will be stigmatized (neighbors) and ANYTHING found in your home that doesn't make you a saint WILL be used against you by the public or in court.

This will be the case until it is all "sorted out."

If you're golden, life goes on. If you're not, "you pulled the trigger, knowing you had a big brick of hash in your basement."

"Searches don't bother me in the instance given above."
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Untrue, or at least not universally true. People involved in shootings in their homes do not always get arrested. It simply depends on the circumstances, the jurisdiction, etc. Here in Texas, many obvious self defense or home defense shootings do not result in the arrest of the one protecting himself or his home if it is clear to the officers that the action taken was legally appropriate.

FYI, the only weapons being removed will be those that are found and considered weapons. While weapons, the police will not confiscate kitchen cutlery, sports equipment like baseball bats, etc.
 
As stated by others, the police will do a complete through investigation. One will probably be arrested, or at least taken to the station to fill out forms and questioned about the shooting. Your home will be a crime scene, and your guns will be evidence. What happen after that depends on info they might find out about the criminal, what you say to them, and what the evidence lead them too. I would ask for an attorney. Since anything you say can be used against you. In many cities/towns one will be heavly scrutinzed by the authorities.
In Mass I was told by the instructor in the mandated firearm Licensing class, that one has to report the shooting immediatly, and one should call your attorney ASAP. This is because in many cities/towns in Mass the shooter even when defending ones own home, is seen by the local police as guilty until proven innocent by the evidence. This is a bias of the local political beliefs on self defence in this state. In most cases nothing will come of it and the police will do their job without creating alot of hassel. Though there is document evidence of them even arrresting the shooter on minscule weapons violations. In the long run the shooting even if deemed justified may cause you to loose your license. It depends on the LEOs attuide on firearms. When you try to renew your license the local LEO might rejected it on grounds that you are unsuitable sighting the incident as proof. It has happened more than once in this state.
 
One will probably be arrested, or at least taken to the station to fill out forms and questioned about the shooting.
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DON'T fill out forms, DON'T answer questions, at least, not before consultation with a competent attorney versed in both criminal and civil law.

DON'T tamper with or try to hide evidence. (Guns that were NOT involved in the shooting are not evidence.)

If arrested, and they Mirandize you, when they ask if you understand your rights, a good answer is "No I need my own lawyer to explain them to me."
 
step one:
shoot bad guy

step two:
bbq

step three:
???

step four:
POFIT!!$

Probably not my most intelligent post...but probably not my least intelligent. :D
 
This from a couple lawyers, and a couple who've been there

"I was afraid for my life". (My kids are instructed to say that as well.) Then say ABSOLUTELY nothing without a lawyer, and he'll probably advise you NOT to say anything, at least until the immediate investigation is complete. Because it is a crime scene, the cops can look around, pretty much at will. HOWEVER, anything not DIRECTLY related to the shooting SHOULD be inadmisable in court, regarding any other charges. They MIGHT take all your guns, but this would violate the Fourth Amendment, but they may do it anyway.

Note thet I've put a lot of qualifiers in here,, becasue what SHOULD happen and what MAY happen are 2 different things. Lawyers say if its a "good shoot", you don't have much to worry about, most anywhere. BUT, in order to be a good shoot, there must be a CLEAR threat to you or another person. Simply because someone is in your house MAY NOT be enough...Yeah it sucks.
 
I'd keep both a criminal and civil defense attorney on retainer at all times. Might cost you $10,000 per year, but, so what, in the Grand Scheme of Things?
 
All you have to do is purchase a half-hour of time from an attorney. Now, you have an attorney. Keep his/her card with you.

If you live in a small town, and the local district attorney has a private practice, it's nice to have HIM as your attorney.
 
I'd keep both a criminal and civil defense attorney on retainer at all times. Might cost you $10,000 per year, but, so what, in the Grand Scheme of Things?
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One, many people can't afford that. Especially young working professionals. I sure couldn't!

Two, from a devil's advocate standpoint, "You are not wealthy and powerful, why do you have a criminal lawyer on retainer? Did you expect to commit a crime, hmm?" I KNOW there are many in the government who would think that way.
 
"I'd keep both a criminal and civil defense attorney on retainer at all times. Might cost you $10,000 per year, but, so what, in the Grand Scheme of Things?"


If you have that kind of cash laying around, why don't you buy me a Mossberg 500 Mariner with a Knoxx Sidewinder kit, a Knoxx Copstock, 1000 rounds of Birdshot, buckshot & slugs? I've been good this year.:)
 
Personally I am looking to find

who is the best criminal lawyer who specializes in defending legal gun owners, and the best civil lawyer then keep their number on my cell phone. Don't need to put them on retainer just keep their numbers handy.
 
I have a friend that is a criminal defense attorney.His advice was to tell the police that due to the stressful nature of the circumstances,you'd rather not make any comment until you confer with an attorney.He said most,(not all), officers will understand and respect your decision and stop asking you questions...
 
I have a friend that is a criminal defense attorney.His advice was to tell the police that due to the stressful nature of the circumstances,you'd rather not make any comment until you confer with an attorney.He said most,(not all), officers will understand and respect your decision and stop asking you questions...
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The responsing officers had BETTER stop asking questions!

Make no mistake: LEO's responsing to a call about a shooting will enter, see dead guy on the floor, and see you there.

If I am responding, the FIRST thing out of my mouth will be this:

"Sir (or ma'am), let me make this very clear: at this time you are NOT under arrest; however, you are not free to leave yet. Therefore, I must advise you that you have the right to remain silent..."

The "Miranda" warning is triggered whenever the person being questioned:

a. Is no longer free to leave (investigative detention, or "Terry Stop")
b. Is the focus of any criminal investigation, or
c. FEELS that they are no longer free to leave.

Ask yourself: Do you think you would be free to leave immediately if the police are responding to a shooting? More than likely, no.

Thus, "Miranda" is triggered. You will be advised of your rights.

So, what to do? Other posters have said it already:

1. Make SURE you do not meet the police with a gun in your hand.
2. Do NOT, under ANY circumstances, disturb the scene.
3. Lawyer up! (The mental image of a herd of attorneys on horseback galloping in comes to mind.) If you tell me you want an attorney, I won't even talk to you until your attorney gets there.

(Actually, when I first arrive, my questions more than likely be, "Are you OK? Is your family OK? Are you hurt in any way? Might want to sit down and relax, this could take a while." At least, that's the way I'd do it...can't speak for any other officers but myself, of course.)
 
"I'd keep both a criminal and civil defense attorney on retainer at all times. Might cost you $10,000 per year, but, so what, in the Grand Scheme of Things?"

Why not just get the NRA self defense insurance it is $254 per year for up too $250,000 in coverage.

http://www.locktonrisk.com/nrains/selfdefense.asp



I know that there are several other companies offering this kind of coverage as well.


As for the question of what do you do if you shoot someone in self defense. I was told by the lawyer at my ccw class that you tell the police as little as possible, you tell them that you are the shooter and lead them to the weapon and then you wait for a lawyer.
 
What if the perp is bleeding all over my hardwood floors? Can I drag him to tile?
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Recommend against that.

1. Tampering with a crime scene.

2. You don't want to approach a bad guy - he may be playing possum, depending on where/how hard he's been hit.

3. Even if you're sure he's DRT, consider two words: Bloodborne pathogens.

And besides, unless the grout between tiles is sealed really well, you'll be making even MORE work for yourself.
 
Guntalk: How about pointing out ANY state that permits a District Attorney to have a private practice? I don't think you'll find any. However, you are in Louisiana, and I suppose those kinds of conflicts-of-interest might be commonplace. (Just reflecting on the integrity of the public officials involved in the NO Katrina debacle.) :)

I was just kidding about having a lawyer on retainer. I think that's patently silly.
 
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