Recently, there has been some talk about places that allow you to shoot officers if they are in the wrong when they enter your home. Our friends at The Free Thought Project write the following about the steps that one state has taken in this direction:
Indiana has taken action to “recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.”
While Indiana may appear to be the only state to so publicly announce legislation that permits self-defense against rogue police home invasions, there are other courts which have ruled in favor of recognizing this right.
One of the most striking examples is that of a Texas man who says he was the victim of a home invasion in the middle of the night. But that home invasion was carried out by SWAT officers.
In the pre-dawn raid, that occurred on December 19th, 2013, Henry Goedrich Magee, like many residents of Burleson County, Texas, had a gun in the house. When Magee heard his door being broken down, he reached for his gun.
The police wanted to throw the proverbial book at him, but after hearing the evidence, a grand jury determined that Magee should not be charged in the shooting death of one of those officers.
The ruling was clear that Magee would not be charged with capital murder for the death of Burleson County Sgt. Adam Sowders, who was part of a SWAT team which attempted to raid Magee’s rural home, in the execution of a search warrant.
The officers did in fact have a warrant, but a key factor in the grand jury’s decision was that they did not knock before entering.
The warrant says that they were primarily looking for marijuana primarily, and also for illegal guns.
But Dick DeGuerin, Magee’s attorney, said that his client legitimately thought he was being burglarized by armed attackers. That’s when he opened fire on the officers, with his legal firearm.
He did have marijuana plants and seedlings, but it was nothing like what the warrant stated officers were looking for. Unlike what the cops had said to get the warrant, there was not a single illegal or stolen firearm in the home.
The grand jury did, however, indict Magee for possession of marijuana while in possession of a deadly weapon, a third-degree felony.
“This was a terrible tragedy that a deputy sheriff was killed, but Hank Magee believed that he and his pregnant girlfriend were being robbed,” DeGuerin explained.
“He did what a lot of people would have done,” the attorney continued. “He defended himself and his girlfriend and his home.”
Julie Renken, the district attorney for Burleson County, explained that the decision was due in part to the fact that it all happened “in a matter of seconds amongst chaos.”
“I believe the evidence also shows that an announcement was made,” she added. “However, there is not enough evidence that Mr. Magee knew that day that Peace Officers were entering his home.”
Do you agree that you should be able to legally defend yourself from armed police officers who illegally enter your home? Let us know what you think.
(Article by Moreh B.D.K.; image via Cheaper Than Dirt)