I have a scenerio regarding the law.

There is a great website that talks of botched SWAT raids of innocent civilians. Sometimes the SWAT get it right, but sometimes people are needlessly killed in these botched raids.

http://www.theagitator.com is the website I’m speaking of. This guy is great at speaking out against these botched raids.

My scenerio is this: Say I’m sleeping in my bed at 3am and I usually have a loaded .357 next to me because I’m…paranoid or whatever. Now, all of a sudden, I am awakened by the sound of screaming and my door sounding like it was beat down with a battering ram.

I grab my gun and pop up in the bed. Next thing I know, my bedroom door is crashed open and I see a man running in with a gun screaming, inaudible screaming.

I panic and start firing and then fall to the floor in fear. The man is killed. I think it’s some psycho coming at me trying to kill me for whatever reasons. Next thing I know, I have guns in my face and I’m being handcuffed, it turns out to be SWAT.

To shorten this up, they wrongly raided my house and in turn, I killed one of them in the process.

What rights do I have in this situation? Was I defending my home, because I had nothing to hide, because I’m not a drug dealer, why would I have been raided I’m thinking?

Would I of had the right to defend myself or not? They probably had a warrant because they may have obtained it from an informant who gave them the wrong address or something after a controlled by from say… my neighbor’s house (who is the real drug dealer) and not mine. Typical mixup situation.

Would I be up sh*ts creek or not? Or is this unanswerable? Has there ever been anything like this to ever occur?

IMHO, you’d end up as one of the red ballons on this map.

The situation is similar to the one that led to Cory Maye being on death row. I’m sure there are other cases.

It depends on the law in your jurisiction, but if you testify that you did not know the person was law enforcement and you believed that he was a threat to your life, and the jury believes you, there should be no problem.

Because in just about every American jurisdiction, you are privileged to use lethal force against an intruder in your home whom you reasonably believe is a threat to your life or that of your family.

Free tip: If you don’t have children in your house, use a shotgun and fire from under the bedcovers.

Care to explain your reasoning?

Your contention is that the western rule has overtaken the whole US? Could I get a cite for that?

Here’s a link criticizing Florida’s “stand your ground law”

This is known as the “castle doctrine” – based on the maxim that “One’s home is one’s castle” – and it governs the rules of self-defense for criminal and tort law in almost every state.

Note that I don’t agree with that author’s position regarding the Castle Doctrine. I am very pleased with Florida’s law, and hope it spreads coast to coast.

Here’s a wiki link with a list of other states with similar laws:

Which contains a link to the text of the Florida bill:

http://election.dos.state.fl.us/laws/05laws/ch_2005-027.pdf
All of that said, it’s still a grim situation in the OP’s hypothetical. I’d very likely respond with violence if my door were battered down in the middle of the night by peron or persons unknown. Obviously, I’d never intentionally fire on a police officer, but if I did not know who or what was coming through the door, hollowpoints will ensue. On the other side of the door, when the first man falls dead, they are likely to return fire. Odds of the innocent homeowner’s survival seem low…this is why I oppose “no knock” searches.

I’m not gonna go thru every state’s law, but here’s a cite for New Jersey:

http://www.njlaws.com/self-defense.htm

There was a similar case here in Massachusetts just last week. I can’t find a cite to a news article, but to paraphrase, a guy’s home silent burglar alarm went off by mistake and (I believe) without his knowledge. A policeman responded and broke in the door to the house. The homeowner had no idea what was going on and, upon hearing his door being kicked in by an unknown assailant, came out of his room with guns blazing. The policeman was wounded, but not killed. Still, according to the article, no charges were being pressed against the homeowner.

Not exactly on point, but close…