Fourth Circuit: A Person Has The Right To Come To The Door With A Gun
BY Herschel Smith
4 years, 7 months ago
Dean Weingarten summarizes the ruling.
- The mere possession of a firearm by a homeowner is not sufficient to justify the use of deadly force by officers.
- There is a right to come to the door with a firearm.
- Officers must identify themselves as officers to gain qualified immunity.
- Mere verbal announcement, without visual confirmation, is not sufficient to gain qualified immunity.
- Sufficient precedent exists for officers to be aware of their duty in these situations.
It’s a weak ruling in my opinion, since the officer should have been charged with murder. But at least this should trickle down into behavior – or at least one would hope so.
It’s yet another case of a cop shooting a homeowner INSIDE HIS OWN HOME when the officer was standing OUTSIDE THE HOME.
The cop is a murderer.
You may have a “right” to come to the door armed but the cops still have a “right” to murder you for doing so. Till THAT ugly reality changes this judicial opinion is pointless.
One problem we have in Okanogan County, Washington is a Sheriff who refuses to issue body cams. It would be easy enough for porky to claim he identified himself before shooting the homeowner.
When TPTB literally go out of their way to hire and encourage officer Tackleberry this is the result.
With a quick read I would say this.
It’s a pretty good opinion under the circumstances, 2-1.
I knew Agee when he was a Delegate in Virginia. I see Rushing is looking pretty good. Nice of President Trump.
As for Judge Niemeyer, he is typically PRO cop like Wilkinson.
I can see this going En Banc.
Let’s see..
More examples of law enforcement being actively denied appropriate training to LE industry standard, so that political appointed LE management can get bigger bonuses. Standard democrat SOP.