On Thursday, August 9, 2001, at 09:04 AM, Ray Dillinger wrote:
As I understand the situation in California, I think Tim is right; an intruder in your home is presumed to be there for nefarious purposes, period, and shooting is presumed self-defense.
Two other points to also consider: 1) "Home invasions" have become more and more common (especially in states like California where gun ownership has been made more difficult). The home invaders often case a home where they suspect jewels, money, etc. are hidden, then "invade" the house. Occupants are forced to lie down, are often gagged and bound, and in some cases are executed on the spot. (A family of Vietnamese immigrants was killed execution-style just a short while back in San Jose, CA.) 2) Some of these home invaders yell "Police!" to slow down responses. And flashing a fake badge is a common way for those ripping off a drug deal to chase off or confuse their targets. Frankly, if I found someone in my house at any hour of the day, and he or she had not been invited in (after presenting a search warrant, for example, as the Fourth Amendment calls for), I would treat them as a hostile. Doesn't matter if they yell "Cop!" Real cops with real search warrants can knock on the door and say "We have a warrant to search your house." If they fear that I will shoot them at the door, which doesn't seem to be a very plausible fear (few incidents of this), they can always do the old "We have your place surrounded. Come out with your hands up." routine. If they fear I will flush drugs down the toilet, they can take other technological measures. But it's the mark of a police state when the M.O. for serving search warrants is what they did to Dr. Scott in Malibu and to so many others: burst through the doors and windows with flash-bang grenades to stun the occupants, then shoot anything that moves. (Here in California, several recent cases in Stockton and Bakersfield where they got the wrong house. When the confused occupant moved in a way they didn't like, they shot him dead. "Oops." No murder charges filed against the SWAT members.) In the case of surreptitious entry, deadly force against the intruder is obviously justifiable. --Tim May