Can I get charged with an offense if I said to the police officer....?

Question

"If you enter my house with out a search warrant, it's your gun against mine, and we'll see who's fastest?" Like wouldn't it be considered self defense if they didn't have a warrant?

I'm just saying... lol. / or asking rather.

Answer 1

lol hmmm not sure but i have to respect your guts lol

Answer 2

Essentially you are threatening an officer of the law - yes, you can get charged for this.  It would not be self defense to shoot a police officer who entered without a warrant.  Frankly, any evidence found would be thrown out of court, because of the lack of a warrant.  Having said that, if there are "indigent circumstances", the officer doesn't need a warrant, and may not have time to explain it to you.  You are not going to be harmed in any way by anything that cannot be undone (thrown out of court, etc.), therefore you have no justification to shoot at the officer - therefore no self defense.

Now if you want to try it, uh, there is a word for that ... natural selection.

PS: "[420]" is a reference to drugs (marajuana, right?).  Frankly, you probably should get bounced off of Y!A for this drug reference.

Answer 3

hmm.  someone's been watching too many "dirty harry" movies.  if you really did that...be prepared for the cop to draw down on you, and for you to possibly be arrested for threatening an officer.  a smart mouth will make you feel dumb in jail for the night.  the cop would not be able to enter your house without the search warrant anyways, so your threat to him would be unnecessary.  also, this isn't the wild west and you probably are not a faster draw than someone that carries a gun for a living.

Answer 4

Actually it depends if the officer enters your house and says "Police!"

If the officer enters your house without a search warrant you already have a very good case against him, but if he enters your house without a search warrant and does not say "Police!" then you DEFINETELY have every right to defend your home at any means necessary. Because for all you know this could be a robber.

Believe me any lawyer would love to take on that case in this situation and most will even take the case on for free because its a definite NOT GUILTY and ALSO a law suit.

Answer 5

It wouldn't be self defense because the officer told you they were coming in. It's not like they broke in and didn't say who they were. In most states you can protect your life or the life of others and not your property. This doesn't apply to officers that are entering a home during an arrest or investigation. Yes you could go to jail for a threat like that. Or you could get shot if you reached for some thing.

Answer 6

no

Answer 7

How do you figure self defense?  You are protecting property not immediate danger to you or others.

In order to use deadly force, you must fear an immediate threat to yourself or someone else.  To protect property is not sufficient.

An if you did say that and were in close enough proximity to the officer.  Guarantee, you'll not like what comes next.  I would even think perhaps some officers may consider that to be a credible threat and would defend themselves.

Answer 8

Fortunately for you, stupidity is not against the law, so seems you are safe. But don't be surprised when your call for help takes awhile, it can take awhile to get the search warrant and they wouldn't want to invade your privacy, right?

Answer 9

You could get arrested for threatening a police officer.  It would be up to the prosecuting attorney whether or not to press charges for it.  

Answer 10

That's ridiculous! By the way, if you're stoned...they're faster!!!

Answer 11

You wouldnt get charged with an offense for saying it, you would either die or get charged with an offense if you actually did it. The place to argue the situation would be in court if it was an illegal search.

Edit- What'd I say?? The threat was conditional, and if officers charged people everytime some yahoo said "If these cuffs werent on.." then half the public would be in jail. Obviously if you disagree with an officers actions, the place to argue it is not at the scene, but in court.

Answer 12

No,

it's your freedom of speech..

Answer 13

If you say that they probably wont charge you unless you show a weapon. If you show a weapon they might pin you to the ground and charge you with threatening an officer. Dont do that!