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Edited on Sun Jul-27-03 10:34 PM by happyslug
My first piece of Advice is to see a lawyer and have him explain to you your states rules on Self Defense. AND MAKE SURE HE LOOKS INTO ANY SPECIAL RULES AS TO POLICE.
For example my home state of Pennsylvania is a “Retreat to the Wall” Doctrine Self Defense state. What that means in Pennsylvania YOU must back off from any attack (if possible). You can NOT stand your ground, you MUST leave rather than fight. Again I do not know what your state rule on that part of Self Defense, check with your local lawyer he will inform you. How the doctrine is used also differs from state to state, for example Pennsylvania says you have NOT duty to retreat form your home, but some other states have ruled that if you can leave your home you must do so if threatened. Please note one of the “Special Rules” for Police in Pennsylvania is that Police have NO duty to Retreat. Any body the police act against MUST retreat but NOT Police Officers.
Another rule in Pennsylvania is that you MUST obey any police officer even if he tells you to break the law UNLESS the order will cause death or serious bodily injury. The Rules defer from state to state so have your local lawyer tell you what is the law.
Second get yourself some video cameras (and later Still Cameras to back up the Video Cameras). In most states YOU have to prove what you did is Self defense. It is a POSITIVE Defense NOT a negative defense. What I mean by "Positive Defense" is that YOU must admit you killed someone and than PROVE it was Self Defense. If the jury or Judge does not believe you, you are guilty of Murder.
Thus you have to SHOW self defense. A Video Camera will help you in that by showing WHAT the police were doing just before you shot them. Your neighbor should also have one. I would suggest at least two, one aimed at your front door, the second on your rifle (Or what ever weapon you decide to defend yourself with, it is just easier to mount a small video camera on a rifle or shotgun than a handgun).
Also check your state's wire tape law. For example in Pennsylvania to AUDIO tape ANYONE without that person's knowledge is a violation of the Wire Tap act. i.e. If you AUDIO tape someone (without that person's knowledge) you might be subject to arrest just for the taping (You do NOT want to give the Officers involve any justification to arrest you and than once you under arrest to bait you).
NOTE the Pennsylvania law only address AUDIO taping, video taping has been ruled NOT to come under it, but check with your local attorney to see WHAT is the local rule in your area (For example in Pennsylvania if you have VERY VISIBLE signs that you are taping and tell the officer you are taping You are PROBABLY covered by the implied consent law of the Wire Tape Act that says you can tape if you have everyone's permission. Since the Police would be on your property and signs exist that you are taping you should be covered for any audio taping, but check with your local attorney for your local law). One advantage of putting up signs that you are taping (and do the taping) is the police officers may just back down. Remember these officers you are dealing with are bullies, and like any bully they do NOT want to be caught. Bullies can dish out meanness, but they can NOT withstand the thought of meanness being dished out to them and fear that the law may be used against THEM
Now, some states have law forbidding the video taping of Police Officers (These have increased since 9-11). I question the constitutionality of such laws but it is something else you have to discuss with your local attorney.
Now if there is a shooting, make a duplicate of the taping and turn over the original to the police authority that will investigate the shooting. This way you have a copy of what happened as while as the police (Digital camera do this better than filmed cameras which I why I recommend digital cameras, but if you own a video camera use it).
Even if you use video and/or film base cameras MAKE a duplicate (if possible) before turning it over to the Police. Now if the Police asks for the tape you must give it to them BUT YOUR ATTORNEY AT TRIAL WILL BE ABLE TO ASK FOR IT AND IF THE POLICE SAID IT AS DESTROYED OR MISSING YOUR ATTORNEY CAN ASKED WHY? Even with that having a duplicate will be better than asking a jury to decide that the tape was DESTROYED deliberately by the Police (Your local Attorney will give you how local juries act on such facts better than I can).
Some comments on Cameras if you go for a Video Digital Camera go for one with a Zoom Lens. The best way to get a good picture at a distance is with a Zoom Lens NOT by expanding the picture. Also make sure the Camera has a wide enough field of view to catch all of the action (which is more a product of lens than Digital technology). If you can, also have some one take Still picture of what is happening. Still pictures tend to show more details than video. Combined together you have a very good visual picture to show what you did was self defense.
PLEASE DO NOT USE A FLASH ON ANY CAMERA YOU USE (Still or Video). Flashes tend NOT to be effective beyond 6 feet and the officers involve may later claim that he “thought” the flash was a Muzzle flash NOT a Camera Flash. Just avoid the whole issue by NOT using a flash (But make sure the area being taped in well lighted for better pictures). Motion detection lights can be installed (and any still video camera activated whenever the light come on).
Ideally for every shooting I would like to have one person shooting a video camera at the scene of the shooting. A second video camera covering the area in question (i.e. NOT being operated by anyone just recording from a pre-set mounting aimed at a pre-set area. As stated above it may be best to place this fixed camera with any motion light you have). I would like a third video camera from another angle (i.e. your neighbor’s house, or you covering your neighbor’s house). Finally I would like a fourth video camera from the side of the Gun that did the shooting (This can be just turned on when the weapon is loaded or fired).
Now all of these Video Cameras (Except the one on the weapon and the fixed camera) should be backed up by still cameras shots. These still camera should be digital cameras based on Single Lens Reflex {SLR} Cameras OR a SLR camera with a Digital Camera Back. This way you have various angles and pictures of the incident to back up your story that you acted in self defense.
Yes, the above is EXPENSIVE. Cheaper solution can also work but with decrease visual effect. Like the weapons you MUST decide what you think you will need at trial. Hopefully you will NEVER have to use your weapons or the film, but if you do use your Weapon you want as much evidence to support self defense as you can get.
Now ideally the Police would also video record the incident but most Police Departments do not require such recordings (through the technology is relatively cheap). I have said that every police officer should have a camera mounted on the front dash of his police cruiser so that it records whatever happens to the front of the Officer’s cruiser (And the officer should be trained to park his car so that the Camera is aimed where the officer plans to be). Such a Camera in all Police Cruisers would be ideal, but until the Courts force the police to have such cameras (I do not see Congress or the state legislatures making such cameras mandatary) I do NOT see the police taping their actions. The courts could force the Police to tape all and any of their actions by simply ruling that police WITHOUT such cameras must be assumed to have something to hide and place the burden on the Police to show WHY such film does not exist. I see the Courts doing this sometime in the distant future but NOT today and not in the foreseeable future, but in my opinion it will be the only way to force the Police to tape their actions.
I hope this advice helps you plan your actions in the future. Please remember stay within the law. Remember just because the KKK and your local police do NOT want to stay within the law does NOT give you the right to go outside the law. Check with a local attorney to see what the law REQUIRES of you and what you must show you are complying with the law.
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