In several interviews last week, Mayes said she was concerned an Arizonan could open fire on federal immigration agents if they forcibly enter a home without a judge-signed warrant.
Has this country gone completely insane? If anyone, law enforcement or otherwise, illegally, forcibly enters your home, that person should expect that they may be shot. There’s nothing controversial about that. That is the reality of the situation. Anyone telling Mayes to resign needs to call me personally so I can tell them, in no uncertain terms, to kiss my whole ass.
If anyone, law enforcement or otherwise, illegally, forcibly enters your home, that person should expect that they may be shot
In most cases, that’s a necessary but not sufficient condition to legally shoot someone. Castle doctrine — which not all states subscribe to — just means that a homeowner has no duty to retreat from their home even in a situation where they believe that they could do so safely, can instead use deadly force against an intruder, but there are also other conditions. Usually you need to also reasonably believe that you are at threat of death or serious bodily injury. It’s not, alone, a blank check to use deadly force against someone illegally entering your home.
In Texas, which has unusually permissive laws, you’re allowed to use deadly force against someone engaging in burglary if you reasonably believe that you cannot otherwise protect your property without risk of death or severe injury, which is probably the closest that I’m aware of:
https://codes.findlaw.com/tx/penal-code/penal-sect-9-42/
Texas Penal Code - PENAL § 9.42. Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
ICE is going around in civilian clothing with masks on and no clear markings of being law enforcement. Would you really blame someone for thinking they are burglars and starts shooting at them?
In most cases, that’s a necessary but not sufficient condition to legally shoot someone.
If ICE is breaking down my door, the legality of using lethal force against them is irrelevant. They don’t concern themselves with the law or constitutional protections, so there’s no reason for me to. It’s not like I can expect access to legal counsel or judicial process if I’m arrested by them. So if it comes to a direct confrontation with ICE, my life and liberty are essentially null and void anyway, and I will therefore respond accordingly. Better to die in a shootout with them than get taken to some black site, outside of any legal jurisdiction, to endure god knows what.
You would 100% open the door and surrender if the fantastic tone of your post is any consideration.
You don’t know a god damn thing about me or what I’m willing to do to defy what I consider to be immoral and unjust actions by my government. And if you think you can determine by the “tone” of a few of my sentences, ANY fucking thing about who I am, my strength or constitution as a person, then you’re an impudent, presumptuous little prick.
Good! The LAST thing we Should be Telling people is they have Rights in this Country! If an UNKNOWN ARMED MAN breaks into your Home it’s THEIR home Now!
-Democrats Apparently!
Let me take a page out of the GOP playbook and quote Kavanaugh directly, without context:
ICE officers have to serve these warrants in the street, in homes, in stores, in businesses. That’s dangerous when these are violent criminals.
Loved in Arizona and its a sithole of a state but good on her.
