Quote:
Originally Posted by scotty
I don't see how though. Like I said, had they knocked down the door that is different. They knocked on the door, he opened it and pointed a gun at them. It's irrelevant that they got the wrong address, so what? They knocked ON the door, they didn't KNOCK IT DOWN.
Its going to come down to that simple fact. Knocked ON or Knocked DOWN. I think you will lose, the cases where neglegence has been proven and lawsuits filed and won all, that I have found so far, are from police knocking down the door and entering the home. That's not what happened.
The only way his hiers can win is if they can prove that he responded to a threatening situation. Which there was no threat, no one broke down his door or entered his home..........all they done was knock on the door.
How would you side on this if it ended up the other way around? What if this man actually got a shot off and killed an officer? What grounds would he have as a defense for firing that shot?
"Well judge, Some officers knocked on my door at 2am so I shot them" , really?
He would not be able to prove, by their actions, that he was being threatened. There for you can't turn it around and justify his actions if he was not being threatened.
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questions that will be asked that will determine negligince is simple
if they got the right address would the man be alive today?
if they had clearly announced themselves would the man be alive today?
regardless of breaking the door down or not. The police mest up with the wrong address, it may not be a issue to you but im telling you its a issue.
Some one has to be accountable, a man is dead. (innocent).
let me share a story with you in nashville
a man dressed up as a Cop, had a active light, would pull people over. once he got them pulled over he would mug them at gun point.
This caused such a stir that people when getting pulled over for a minor traffic violation was calling 911 to verify that it was truely a cop pulling them over.
so yes in view of that the man who was probably asleep who was awakened at 2 in the morning could have felt threatned, cause to him why is people knocking at my door?