There have been more than one case where law enforcement have raided the wrong home in the middle of the night and the innocent homeowner took his gun to the door to see what the noise was about. Then the homeowner is shot and the police realize they are at the WRONG house.
The courts always find that the police cannot be sued for their damage and murder inflicted on the innocents.
This must be changed. It undermines our 2nd Amendment.
But what’s to be done?
David French opines in the above linked National Review article:
“It’s time for the law to accommodate the Second Amendment. It’s time for legal doctrine to reflect that when the state intrudes in the wrong home — or lawlessly or recklessly even into the right home — that it absolutely bears the costs of its own mistakes. It’s time for law enforcement practice to reflect the reality that tens of millions of law-abiding men and women exercise their fundamental, constitutional rights to protect themselves and their families.”
“Second, prosecutors should closely scrutinize every single instance of mistaken-identity raids. Good-faith mistakes are always possible, but given the stakes involved when police raid homes or pound on doors late at night with their guns drawn, they should exercise a high degree of care and caution in choosing the right house. It’s hard to imagine a worse or more tragic injustice than being gunned down in your own home by mistaken agents of the state.”
“Third, if and when police do kill or injure innocent homeowners, they should be stripped of qualified immunity — even when the homeowner is armed. There are circumstances where it would improper to file criminal charges against an officer who makes a good-faith mistake and finds himself making an immediate life-or-death situation, but when the mistake is his, then he should face strict liability for all the harm he causes.”
I agree with Mr. French. If police officers do not carry the responsibility of their mistaken murder of innocent homeowners during these night-time home raids on the wrong houses, there will continue to be more and more of these. Not sure how this can be done. The courts have made these decisions in the past. Perhaps the state legislatures…?
What do you think?