Shooting a cop who comes into your house..

Ok I have been brainstorming a short story and have a few ideas but I need some thought into a situation I am going to happen in my book. Keeping it simple the setup is a man forcefully enter into a house through a sliding glass door or a glass window. The owner of the house has enough time to respond by garbing his firearm. He orders the intruder to freeze, intruder turns toward him, the owner feels threatened and fires, he goes down. Just after that an officer comes in the same way the intruder did. He is wearing plain clothes. He is showing a badge on his belt however this is hard to see cause it is dark. The owner yells to the officer to drop his weapon officer just walking into the situation doesnt know what has happened and turns toward the intruder. Owner shoots officer (below the waist) As soon as he realizes he is a cop he runs over and helps him out untill more people arrive. The cop lives Now I understand this situation may be unlikely but I need someway of my main character to shoot a cop without getting in trouble for it. This is the best idea I have had :rolleyes: This story by the description of my city takes place either in CA or maybe Flordia is it matters. Would the guy get into trouble for shooting a police officer under these circumstances?

Not likely to get away with it in Ca, IMO. Better a state with some form of “Castle Doctrine”-type law.

It’s also very, very unlikely that a plainclothes officer will enter a dark house where shots have been fired. Certainly not without LOUDLY announcing it beforehand. Most likely call for backup and wait for uniformed officers.
Sorry, but your scenario doesn’t seem logical to me.

There have been a few instances of police raiding the wrong house and being met with gunfire. Google should be able to help you track down the results, which usually leave the homeowner dead or facing charges and the cops not getting so much as a slap on the wrist.

I think the problem with the scenario as described is that it requires a trained police officer to both enter a home and fail to respond to a command to drop his weapon without identifying himself immediately as a police officer, which I find hard to believe.

FWIW, though, North Carolina is, generally, very much on the side of the homeowner in shooting situations. Not too long ago, a resident shot and killed someone who was merely in his driveway and was not prosecuted. Still, a cop might be a different story.

Not exactly what you describe, but maybe this will still be helpful.

There was a case in Minnesota of police raiding the wrong house and two of them being shot by the homeowner. They weren’t injured, however (bullet proof vests), and the owner was arrested, but released and not charged. The police apologized, actually, although controversy broke out again when the police who were shot were given awards for bravery:

http://wcco.com/iteam/iteam.police.raid.2.652690.html

http://www.startribune.com/local/26083024.html

In Minnesota, I believe it’s legal to shoot someone in self-defense if they break into your home. A year or two ago, there were two widely-reported cases of homeowners using deadly force to defend themselves against criminals breaking in, and neither case led to charges.

There was a case a couple years ago in Quebec. A “drug lord” of some sort who certainly had reason to fear a home invasion was awakened in the middle of the night by a couple cops who had been sent to arrest him and wanted to prevent him from destroying any evidence. The way they did this was to break down his door at 4 AM and come in guns blazing with no warning. They shot and injured his wife, for example (she recovered). He picked up his gun and killed one of the cops (they were not in uniform). They tried him for murder and he was acquitted by a jury. They then hung some weapons charge on him (the gun was registered but to a different address and that is apparently illegal here). But many people were aghast that he had “killed a police officer” as our cleaning lady put it.

My take is that although the cops were pretty dumb, it was the officer who sent them out on this mission who should have been prosecuted.

It might make a more plausible story to have the guy shoot a cop who’s creeping around his yard rather than his house. As mentioned, there are usually well-defined procedures for announcing your presence when entering homes (often precisely to avoid this kind of thing), and it’s unlikely that you wouldn’t know it’s a cop in your kitchen, no matter what time of day.

But they wander through yards chasing fleeing suspects late at night unannounced all the time; watch just one episode of COPS and you’ll see them dashing through all kinds of neihborhoods and in between houses jumping fences, shining flashlights, and breathing heavily. If you’re in a bad part of town where you’ve had home invasions/burglery problems in the past, you might get away with taking a shot at a dark figure prowling around your yard peaking into windows and carrying a handgun.

It happened in Montreal (Brossard and Laval are suburbs of Montreal) :
http://en.wikipedia.org/wiki/Basil_Parasiris

Has no one here heard of No-knock warrants? In these cases the police do not have to announce their presence and as a result have caused a few police officers to get killed and home owners prosecuted for their deaths.

The cops would definitely be wearing bullet proof vests with POLICE on them, and would scream POLICE the second they saw the guy had a gun.

Sounds like post 5 to me.

To me (note: I don’t really have direct experience with police mentality), most plausible way of shooting a cop and getting away with it (both legally and without serious police harassment the rest of my life) is having the cop be off-duty and doing things he or she shouldn’t (breaking into houses).
If I shoot a guy (out of uniform) breaking into my house, the cops are going to seriously talk to me. When it turns out the dead guy is a cop, I’m probably getting arrested. When it is discovered that the dead guy is carrying burgulary tools and his house is full of stolen goods, then they’ll let me go and probably/maybe even won’t carry much of a grudge.

Whatever the truth is, the cops will claim they followed procedure perfectly. It is up to you ,with limited resources, to prove otherwise.