Answered the Door with Gun in Hand

Thank you brother @Dave17 and likewise.

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That bang on the door and holler ā€œpoliceā€ is how its done in Omaha NE… amazing how one wants to blame the victim instead of those who brag about their training… bottom line is LEOs failed AGAIN!!! We should be getting tired of those failures-- NOT the people in their own homes doing NOTHING illegal.

I can see your heartbreaking tears chief… I’m so sorry that your grief is more towards your officers who will not lose one dime in pay or face one criminal charge… oh the grief you must feel towards your officers.

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So maybe a little off topic. Someone was in my neighborhood soliciting recently. You just don’t do that where I live. He came to our door. He didn’t press the ring doorbell. He knocked on the storm door. I hit the car alarm button. His reaction was priceless. He jumped, looked at the vehicle and then turned back towards the door with his hand still up with a fist like he was gonna knock again. He eventually left. I never opened the door.

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Or perhaps he stands for the Officers because he is a Chief? :face_with_raised_eyebrow:
As I see you have already given the verdict… but slow down with your opinions. Let’s wait for the body cams videos to be released and then choose the right side.
At this moment both sides made stupid moves… Was the guy with firearm a real threat? Was it a reason to open the door with handgun in the hand?
If LEOs introduced themselves why this guy handled a firearm? He did nothing else than a great reason to be shot.

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You are right-- the victim was HIS home where he belonged-- doing NOTHING illegal. The police had NO legal right to be there… HMMMMMmmmmm, your right. They couldn’t do the MOST basic of law enforcement-- be at the CORRECT place. But agian, the victim loses everything and the officers lose nothing.

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Like Elza1 said, I CAN have a firearm in my hand in my house anytime I see fit. No law against that.

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Was it illegal for the police to knock on his door?

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The police had NO right nor legal obligation to be there.

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What is required to establish a legal right to go up to someone’s front door?

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I don’t have the right to knock on YOUR door and then shoot you because you have a firearm. But the officer does---- ???

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There is something between those two things. You stated the police had no legal right to be there, I am trying to understand how that works as my understanding is different, but I might not be aware

There is clearly body camera footage for what happened once they were there will have more to go on later. But, while Im not a lawyer, it seems to my lay person opinion the police did have a right to knock on that door. I am open to evidence to the contrary though

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He didn’t have a right to shoot the victim because he was armed! One mistake is ONE too-many.

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Probably, I suspect they could claim they could be there because of the alleged crime, ignoring the mistake they made going to the wrong house. But on the other hand, the police have no more ā€œRightā€ to trespass than you or I. So, in this case, since there had been no crime committed on the property they entered Probable Cause for Contact could certainly be in question.

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Is Probable Cause needed to go up and knock on someone’s door?

If I lose a ball in the neighbor’s yard do I need Probable Cause a crime was committed to knock on their door?

How does this work that the police need PC that a crime was committed by we don’t?

BTW I think it would be RAS Reasonable Articuable Suspicion first, that’s the general standard for things like a stop/detention, PC is generally what you need to actually make an arrest’

But again I’m not a lawyer or anything

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I ā€˜think’ the police need, at least, a level of probable cause to enter a property, on police business anyways. Without that requirement it seems they could just knock on doors fishing for a crime.

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They can just knock on doors. As far as I know. I’ve had police knock on my door and known it of others, looking for a missing person for example, no suspicion whatsoever that anyone at the residence had committed a crime. It’s a front door, girl scouts and solicitors and random nobodies knock on it all the time, why can’t someone else?

(still not a lawyer)

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We don’t know what exactly happened. We don’t know if the home owner just handled the firearm, or perhaps he was aiming and LEOs… we do not know enough.

Both sides did something correct, both sides did something bad. The problem right now is, who did the first bad move that initiated the shots to be fired. Simple like that. We find who’s fault it was, we find who is responsible for this tragic act.
And it is not about wrong address, it is about the action took after LEOs knocked on the door.

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OMGoodness== they have NO right NOR obligation to shoot you when you are doing nothing illegal on YOUR own property JUST because he answered his door with a firearm in hand… what part of this don’t you get??? What part of its an address–go to the right one…

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I apologize if I was mixing things, I am just referring to the right to knock on the door at this point in time, as it seems like we should have enough information to settle that aspect.

I didn’t get that we were talking about the shots, I was just referring to the claim that they had no right to be there in the first place.

As someone referenced above, I’m waiting for more (any, really) evidence before putting my layperson opinion out there. Clearly there is body camera footage, more information will come out…let’s see what it is

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