What happens after a shooting inside your house?

[Lone_Sheep_Dog]

I am curious about a situation. Let's say that a psychotic burglar busts into your house while you and your family are sleeping. You grab your gun and confront the burglar. Let's say he pulls a gun, fires at you and misses. You then shoot him dead in defense of your life. (He is still inside your home, you hit him center of mass, it was perfectly justified, and it was not in a state like California or New York).
You call the police and they arrive at your house. What are the police going to do inside your home? Will they search your house? Will they open drawers and go through your things? Will they ask you to open your safe? Will they confiscate your computers for investigation?
I'm just curious. Anyone have experience with this?

 

[Dwrice]

The scope of the search has to be related to the investigation so I can not see a reason that drawers would be opened, safes searched, computers seized given the fact pattern given.

 

[kingpin008]

Well, they'd really have no reason to search through your drawers, safe, or aything else, so...if they did I'd say that you'd have a pretty good lawsuit on your hands. Unless, of course, you have some type of contraband laying around in plain sight, which gives them probable cause to search your digs. As for computers, what right would they have?

The most they could do is confiscate the firearm used, which may or may not be returned to you at the end of the ordeal depending on the outcome/where you're located.

 

[mljdeckard]

I agree. BUT:

They will ASK to go through the house and 'have a look around'. Or just look around anyway, and see what they find.

So you shoot someone, say, in the entryway of your house, and you have a pot farm in your basement. They want to look around. While they might not have a legitimate reason to go through your drawers and hard drive, they DO have a reasonable concern to make sure that the house, and everyone inside it are safe. If you stood in front of the stairs, and said; "I really don't want you to go down there.", they now have a reasonable suspicion that a serious crime has been committed in your house and you are not letting them inspect the premises. Now they will discover your hydroponic fun, AND get a warrant to turn the whole place inside out. Make sense?

 

[Ragnar Danneskjold]

Be aware, you CAN limit the scope and duration of a search, if you consented to one. You have the legal right to say "don't look in there" or "this search is over". Consent is not permanent and not all encompassing.

As for non consent searches, there are a number of exceptions, but in this situation, searches of drawers would have to fall under probable cause a crime has been committed and that evidence of the crime is within the area/items to be searched.

 

[MedWheeler]

Generally, they will be largely concerned with two areas of the house: the location in which the shooting took place, and the point of entry. If the deceased is found in a location other than where he was shot, that area will be part of the CS as well (as will any other part in which the intruder is known to have been present before he was confronted.)
If there is no apparent link between the intruder and the defender, it is unlikely that any other part of the residence will be checked beyond a simple cursory look to insure scene safety. If anything within the house appears out of whack, even a roach clip in an ashtray, then further investigation might be more deeply conducted to determine if there was or was not a link between the two parties (i.e., a drug deal gone bad.. one such incident just occurred yesterday not too far from me, though it was the resident who was shot, not the intruder.)
As was said, there is no simple answer; it will depend on individual circumstances.

 

[Jim K]

A lot depends on the circumstances. Assuming that the premises was not a known "crack house" or under some previous suspicion, a shooting such as you describe in a suburban (spelled "white") household would probably result in a brief investigation which would not involve searching the house. A similar shooting at an inner city (spelled "black") household would probably result in a search and a thorough investigation. Sorry, folks and ACLU members, that is the way it is.

Jim

 

[Coop de Ville]

what MedWheeler said.

The most disturbing part may be that numerous people will be walking all throughout your home. It will be hours. If at night, you will be exhausted your family distraught. People will come and go. They will take samples including things that may be disrupted or destroyed for evidence. You will have to take a ride and give a statement. When you arrive home, strangers may still be in your house.

The next morning, if your boss gives you the day off, you will have to fork over ducats to have your home cleaned of the biohazard of blood and bodily fluids...

It's never pretty.

Best,

-Coop

 

[Werewolf]

Here's what should happen:

The cops:

1. arrive at the scene
2. Question you about what happened and you tell 'em
3. Scope out the scene and verify that you killed the scumbag in self defense
4. Congratulate you on your fine shooting and give you a voucher that you can use to replace the ammo you shot
5. Call a trash truck to pick up the scumbag and take him to the local dump for disposal
6. Let you know a city paid crew will be by next morning to clean and desanitize the parts of your home mucked up by the scumbag having the effrontery to bleed all over your house.
7. Issue you a voucher waving that portion of your city and county taxes levied to support the police based on the scumbag's record and the estimated amount you saved the city, county etc by not having to deal with the krum anymore.
8. Leave your home with a cheery goodbye and a thankyou for helping to make their job's easier.

 

[rondog]

Here's what should happen:

The cops:

1. arrive at the scene
2. Question you about what happened and you tell 'em
3. Scope out the scene and verify that you killed the scumbag in self defense
4. Congratulate you on your fine shooting and give you a voucher that you can use to replace the ammo you shot
5. Call a trash truck to pick up the scumbag and take him to the local dump for disposal
6. Let you know a city paid crew will be by next morning to clean and desanitize the parts of your home mucked up by the scumbag having the effrontery to bleed all over your house.
7. Issue you a voucher waving that portion of your city and county taxes levied to support the police based on the scumbag's record and the estimated amount you saved the city, county etc by not having to deal with the krum anymore.
8. Leave your home with a cheery goodbye and a thankyou for helping to make their job's easier.

Nice, except #6 should be a crew of lesser scumbags performing "community service" work. Kind of "on the job training" for them. "Be a scumbag, and your homies will be shoveling up your remains next".

 

[Mandolin]

Um, I think you mean they wil sanatize the house, not desanitize it. Just wondering (And rather worried)

 

[Deanimator]

"I really don't want you to go down there.", they now have a reasonable suspicion that a serious crime has been committed in your house and you are not letting them inspect the premises.

Failure to grant consent isn't reasonable articulable suspicion of ANYTHING.

Provide the police with the MINIMUM necessary information, then tell them that you will speak further with them after consulting with your attorney.

It's not the job of the police to protect your legal rights. Don't expect them to.

 

[gbran]

My ex shot/killed her boyfriend in my kitchen many years ago. She convinced the LEO's it was self defense, and sadly, they didn't arrest her. They also did not search my house. They did take my handgun that she used. Took me over a year to get it back.

It was my resposibility to clean up the mess or hire others to do so. She fired 5 rounds 125 gr HP 357's point blank center of mass and one round into my new fridge. Told the cops he was trying to wrestle the gun away so she unloaded it into him before he could get it and use it on her.

 

[the foot]

what was he doing in your kitchen?

 

[Trebor]

If you shoot someone in your house it becomes a crime scene. Depening on the circumstances the police may just ask for consent to search or they may skip that part and go right to getting a search warrant.

Remember, there is now a death (or serious injury) they have to investigate. While it may seem cut and dried at the initial investigation they don't know all the players and how they might relate to each other.

The specific circumstances make a huge difference. Let's say it's a random burgler and when they ID him he's a felon with a history of violence and the evidence on scene tends to support your verion of events. Yeah, I wouldn't expect them to try to seize everything in sight as evidence.

But, let's say the person you shot is the neighbor kid who recently broke up with your Daugher. He snuck in and didn't stop when warned and got shot. The police are going to look at everything with a little more skepticism and that will be reflected in their investigation.

Even in a cut and dried "he's a felon and attacked you" case the police might very well seize other guns on hand. At that point they don't know for sure what is, or isn't, evidence.

In any event your house will be a crime scene and you will lose control of it to a large degree while they investigate. Don't think you can just decline consent for a search and they'll just haul out the body to leave. They have the death of a citizen to investigate and will do what seems to be correct to them at the time to do so.

 

[gbran]

the foot

what was he doing in your kitchen?

I was out of town, but I would let her come by to see the kids. She sent them to grandma's, then lured her bo over and shot him.

 

[liammtierney]

Here in Phoenix, a homeowner held a home invader at gunpoint and called thepolice. There were no shots fired...until the police showed up and immediately shot the man holding the gun...the homeowner...5 times...in the back. The man was still on the phone with 911 and recorded the cop saying " i shot the wrong guy", or something to that effect. The man is suing for approx 7 million.

Lesson... I dont know. The man told dispatch he had the intruder at gunpoint and from what the media has said, i dont think that the cop announced himself or told anyone to drop anything. i dont think the homeowner even knew the police were in his house at that point.

 

[bdickens]

It depends.

 

[luigi]

What happens after a shooting inside your house?

Your ears hurt really bad and you suffer permanent hearing loss

 

[MedWheeler]

It would require a LOT of redeeming qualities in a woman that had carried out a premeditated murder of an ex for me to get involved with her.. I'd be wondering what would happen if I became her next "ex"..?

 

[oneounceload]

What happens after a shooting inside your house?
Your ears hurt really bad and you suffer permanent hearing loss

BINGO - we have a winner

 

[The Lone Haranguer]

(He is still inside your home, you hit him center of mass, it was perfectly justified, and it was not in a state like California or New York).

As a California native I must take issue with a part of this. CA has no problem with a righteous shooting under such a circumstance.

 

[Ragnar Danneskjold]

(He is still inside your home, you hit him center of mass, it was perfectly justified, and it was not in a state like California or New York).
As a California native I must take issue with a part of this. CA has no problem with a righteous shooting under such a circumstance.

While that may be true "letter of the law" wise, you have to admit, a gun owner involved in a 100% righteous shoot still has a far greater chance of being hassled in CA than if they lived in say, Wyoming. Cali has gained a reputation for being unfriendly to law abiding gun owners, and not without reason.

 

[Art Eatman]

Let's stay with Georgia law and circumstance. Let's go with the deal that the resident is a good guy and this is a night-time in-the-house event.

No duty to retreat, in Georgia. Inside the house, it's pretty much a "make my day" deal. Castle doctrine. By law, the resident is basically assumed to be in the right.

So, no snooping around by the cops and no great hassle if the physical evidence shows a good shoot. I don't know for sure, but I imagine the whole deal will go before a Grand Jury. The gun will go in as evidence--which is pretty much standard nationwide.

The worst part of the aftermath is getting the blood out of the carpet.

 

[scarredpelt]

The worst part of the aftermath is getting the blood out of the carpet.

No, the worst part is being treated like a pariah by your neighbors and co-workers. Not sleeping for days on end because you relive the scene over and over again. Waking up in the middle of the night screaming "NO!" or Suddenly cursing out loud at the grocery store because you are constantly reevaluating your actions.

Or even worse, having a good feeling about it and then feeling bad because you feel like you shouldn't feel good.