Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 month ago

What would happen if someone killed a police officer in self defense?

Unlikely scenario- but hypothetical. An innocent man was the victim of something called SWATTING--someone called cops and claimed that they were at a specific address and had murdered their entire family. This was a prank call done to a stranger across the country for no reason, however, was not known to be such by the SWAT team. The SWAT team ended up shooting the "suspect" -thinking they were armed. The innocent individual died. They obeyed all orders but for some reason a cop thought they saw the man draw a weapon.

I can tell you with absolute certainty that if someone fired a weapon at me, I would be firing back in self defense-espescially on my property. Cop or not. What would happen if this man decided to fire back in self defense and killed a cop? If the man survived would he be charged with murder or could he conceivable plead self defense even though the "attacker" was a law enforcement officer who was doing his job?

Update:

EDIT: the story above actually happened to someone in Kansas. But the part where they shoot back at the police was hypothetical. What would happen if they fired back and (somehow- again hypothetical) were not killed by a round of bullets from other officers. 

9 Answers

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  • Foofa
    Lv 7
    1 month ago

    The SWAT-er would be charged with murder.

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  • 1 month ago

    That case ACTUALLY HAPPENED last year and shooting at officers WAS NOT a hypothetical. The legal issue boils down to if a 'reasonable' person in the same situation would have know the people breaking in were officers acting in the course of their duties. If not, the same rules apply as for any other break in.

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  • Anonymous
    1 month ago

    Cops generally don't like cop killers.  I'll let you figure out the rest.

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  • Archer
    Lv 7
    1 month ago

    Draw a weapon on an officer and it is not self defense dumb ***!

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  • Anonymous
    1 month ago

    Would be charged with first degree and extra charge of an on duty cop.

    will be held, high bail.

    In a few weeks, a Public defender will get a plea  bargain of manslaughter or go to trial.

    Trial, depends on witnesses. If he has a lot in his defense, Jury just might acquit.

    If its his word against the cops, he wil do 15-20. Not life or death penalty as they'd have ballistic/forensic evidence that cop shot first.

    Jose Guerena  was assaulted by  PCSD deputies who did not identify themselves in his darkened hallway, they fired  74 times...hitting him 21 times in Extremities. He never fired, and bled to death in 43 minutes. Widow got $3.5 million.  

    • skeptik
      Lv 7
      1 month agoReport

      But if he had fired, she would have gotten nothing.

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  • Bruce
    Lv 7
    1 month ago

    In my state, self defense laws apply to everyone. 

    However, in your hypothetical situation, there will be an entire SWAT team pointing weapons at the suspect. If he fires off a shot, they will shoot back. Chances of survival are slim. 

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    • skeptik
      Lv 7
      1 month agoReport

      The question wasn't about what you have the "right" to do.  It was about what would happen if you used that right in a specific situation.

      Shooting and killing a SWAT officer carrying out his duties will get you dead.  "Rights" be damned.

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  • Pearl
    Lv 7
    1 month ago

    it depends on what the judge decides

  • Anonymous
    1 month ago

    "Espescially?"

    This just happened in AZ.  

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  • 1 month ago

    If he fired back in self defense, he would be shot to death by the rest of the team, who would all be acquitted of any wrongdoing.

    Just like what would happen if he didn't.

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    • skeptik
      Lv 7
      1 month agoReport

      Hypothetically - he would be prosecuted for killing a police officer.

      But since the hypothetical has nothing to do with the way actual SWAT teams work, it's pointless speculation.

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