Can anyone with a warant to search property legally shoot the owner of property, while the owner is standing on his property and holding a gun?
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Can anyone with a warant to search property legally shoot the owner of property, while the owner is standing on his property and holding a gun?
I saw on a show some officials attempt to enter a property when the property owner appeared with a gun in his hands. At that point all the guns were pointed at him and one official mounted the owner’s car in order to get a better shooting angle. Couls they legally shoot the owner?
Asked on July 5, 2009 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Yes. The officials were legally there (since they had a warrant) and had a perfectly legimitate right to self-defense once a deadly weapon was pointed at them. Property owner or not, you *can't* just go brandishing a gun at people on your property unless you are acting in legitimate self-defense...which this was not.
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