Home invasions happen. It is important to know what to do if you shoot an intruder in self defense.
It is the end of a long day. You and your wife tucked your children in and are heading to bed. As you turn off the lights you hear a sound you do not recognize. When you go to investigate, you discover a broken window. An intruder is in your home. Fearing for your safety and the safety of your family, you prepare to defend yourself. You know you have your right to defend your family and your home. You grab your firearm and confront the intruder at gunpoint. The intruder draws a weapon and turns to attack. You pull the trigger and hit your mark. The intruder falls to the ground seriously injured and likely dying.
The immediate threat is over, but your emotions are running high and adrenalin is pumping through your body. You and your family are safe, but what do you do next? Do you flee from your residence? Do you start collecting evidence? Do you move the body? Do you call the police?
What you do after shooting someone in self-defense can determine what legal consequences will follow. There are several things you should do and other things you should not do if you find yourself in this situation.
What you Should Do
Here is a list of things you should do after shooting someone in self-defense:
1. Make sure you and your family are safe. Take some time to verify that you are not injured and that your family is safe. Visually check the intruder to make sure he no longer poses a threat and cannot reach any weapons. It is possible that the intruder was not acting alone, so watch the area for other potential intruders.
2. Call 911. You want to be the first one to call the police. Take a moment to calm yourself the best you can. Take some deep, slow breaths. Collect your thoughts and prepare yourself mentally. When you call, keep things simple and direct. Remember, your call will be recorded and can be used in court. Provide the 911 operator with:
• Your name;
• Street address
• A brief description of what happened including that you were in fear for your life (and/or the life of your family) and had to use a weapon in self defense
• Request that the operator send an ambulance and police
• Advise where you are located at the address
• Advise that you will not have your weapon in hand when officers arrive.
• Give the operator your description so that emergency responders will recognize you when they arrive on the scene.
3. Call your attorney. In some jurisdictions, you will be arrested if you shoot somebody even if it was done in self-defense. If you have an attorney, it’s time to call. It would also be a good time to call a bondsman in case you are taken to jail and need to post bond.
4. Be prepared for the arrival of emergency responders. When police cars arrive put your firearm away. If you do not have time to safely store your weapon in your home, then holster it or place it on the ground. Expect that officers will be concerned for their safety. Raise your empty hands over your head with your palms facing the officers. Listen carefully and immediately follow their commands. Officers will likely disarm you and may place you in handcuffs.
5. Be prepared to be treated like a criminal. You may be place on the ground, locked in the back of a patrol car, or taken to jail. It will take time to sort out the truth about what happened. You may be identified as the “bad guy” until the truth is known.
6. Be cooperative. You will need to provide basic information about what happened to the responding officers. Make sure to indicate you want to give a full statement but insist on the presence of an attorney. Make sure that you point out any witnesses who saw what happened. Also point out any evidence including the intruder’s weapon.
7. Be respectful. Even though you are emotional, you want to remember to be respectful towards the police. They may treat you like a suspect. Don’t let it rattle you. Remember that a little respect will go a long way in convincing the police that you are a respectable, law-abiding citizen.
8. Addresss injuries. Make sure any injuries you received are treated and documented. Make sure to tell the police if you are injured. Ask them to take pictures of any injuries before you clean them up. After the injuries are documented, request to be taken to the hospital so that injuries can be evaluated, treated and documented.
What You Should Not Do
Here is a list of things you should NOT do after shooting someone in self-defense:
1. Do not panic. Even the toughest and well-trained person will be a mental and emotional mess after pulling the trigger and seeing an intruder’s body lying on the ground. It is impossible to think rationally when you are emotional. You want to stay sharp so that you do not make mistakes in what you say or do.
2. Do not use excessive force. Once the intruder has been shot, do not take further action in self-defense unless those actions are necessary to protect you or your family. Do not shoot the intruder additional times after he no longer poses a threat.
3. Do not leave the scene. Unless you have to leave in order to protect your safety or the safety of your family, do not leave the scene of the shooting. You may feel a desire to go and see family or just run away from the situation due to the high levels of emotion. Control this urge and stick around. If you leave, the police may interpret your actions as fleeing the scene of a crime. You want to present yourself as the victim, not a suspect.
4. Do not tamper with evidence. You may have a desire to touch the intruder to search him. You may want to change the scene to be more favorable by moving the
It is important not to tamper with evidence before police arrive.
body. It is a mistake to change anything at the scene. Leave everything undisturbed until the police arrive and can document what happened. Even if your intentions are innocent, any change to the evidence at the scene may be interpreted by the police as a sign of guilt.
5. Drop your weapon. Do not have a weapon in hand when the police arrive on the scene. Remember, the police are responding to a crime scene where shots have been fired. Initially, the police may not be able to immediately identify who the suspect and the victim are. If you are holding a weapon, especially a gun, when the police arrive, you risk being viewed as a suspect. You will also risk potentially being shot by the police.
6. Do not argue with the police. This not the time to debate your legal rights with the police or argue about the way the investigation is being handled.
7. Do not provide details. Do not go into detail about what happened before you talk with a lawyer. You want to be cooperative, but you want to remember that anything you say could potentially be used against you. You want to give the basics, but nothing more without a lawyer present.
8. If you are arrested, do not say anything. If the police place you under arrest you need to stop talking. Nothing you say at this point will help you avoid going to jail, and anything you say could hurt your case. The only thing you should say after being arrested is that you want to speak with a lawyer before answering any further questions about what happened.
We all hope that we will never have to fire our weapons in self-defense, but if the situation arises when you have no other choice, keep this list of do’s and don’ts in mind so that you can protect your legal rights the same way you protect yourself and your family.
Thank you – great information
Do not have a gun in your hand because the police will likely shoot you within the first 45 seconds of their arrival on the scene without bothering to determine who you are.
Do you have the contact information for the CCW Safe or the USCCA?
I’m an attorney, a current law enforcement officer and I spent a career in the United States Army as an attorney advising Commanders and Soldiers in the regular Army and in Special Forces on when, under what circumstances and how much force they could use in both overseas and domestic settings. Most of the above advice is very good. However there are some nuances that need to be explained or emphasized.
The line a citizen has to walk under these circumstances is a difficult path. To put is simply and clearly, one must be and seem cooperative with law enforcement officers on the scene to a point, but at the same time not provide too much detail with which to hang themselves. It is critically important to ask to speak with your attorney immediately and repeatedly. Its also important to let officers know that you want to be cooperative and are willing to be cooperative and want to make a complete and detailed statement, but at the same time you want to avail yourself of your Constitutional right to speak with an attorney. Tell them that directly. Although cops are not lawyers they understand the Constitution and they understand why you would want to speak to a lawyer…for the same reasons THEY would want to speak to a lawyer were they involved in a duty related shooting, particularly in today’s environment that can be very hostile to law enforcement officers. Again, tell them that. They will understand.
You are free to tell officers that you were in fear for your life or the lives of family members. It is critical to understand, however, that one’s subjective “feelings” of fear are entirely legally irrelevant as to the question of whether or not a shooting is justified. As with police officers, one’s subjective feelings, of rage, anger, fear or whatever other emotions you were experiencing at the time of the shooting are not legally relevant. One could be a coward or one could be stupidly brave yet bumbling, yet neither condition justifies or condemns you in a shooting situation. The standard in most states is an objective one…did you have a reasonable belief that you were facing an imminent or immediate (the terms, although not interchangeable, are used as if they were in statutes across the county) threat of death or serious (or grievous) bodily (or physical) injury?
Another thing to bear in mind is that the policy of various law enforcement agencies, including a number of Federal agencies, it to provide their officers/agents a number of REM sleep cycles AFTER a shooting with which to gather themselves, consult with an attorney, member of the clergy or a psychologist or other mental health professional BEFORE providing their official statement concerning the events of the shooting. This policy was first put into place by the FBI in the mid to late 1990’s as a result of the FBI research into the 1986 Miami shootout and what they learned about the human memory of such stressful events as well as the other stress factors that someone engaged in a deadly encounter undergoes. The FBI learned that a number of REM sleep cycles are necessary for humans to have the best recollection of the events as they occurred. Things encountered during stressful life and death encounters, like visual and auditory exclusion, significantly effect the human memory, particularly in the immediate aftermath of an incident. A number of REM sleep cycles is required for someone who has been in a deadly encounter to have the best possible recollection of the incident, particularly at the level of detail most law enforcement investigators will want to explore. The conclusions reached by the FBI during their study of the use of deadly force are not only strongly supported by science, they are actually driven by science. The FBI policy was to allow agents to have somewhere between 24 and 72 hours before giving their official interview and making their formal statement about the incident. In addition, they were allowed to consult with an attorney as well as clergy and a psychologist or other mental health professional prior to the interview. I cannot recall whether they are allowed to bring their attorney to the interview, but I believe they are. In any event you get the idea. As a free citizen in a Constitutional Republic you should be accorded at least the same consideration and you should take advantage of that. Tell the investigators. They may not be happy because it makes their investigation more difficult and time consuming, but they will understand.
As an example here is an excerpt from the use of force statute from Georgia, OCGA 16-3-21: ” A person is justified in threatening or using force against another when and to the extent that he or she REASONABLY believes that such threat or force is necessary to defend himself or herself or a third person against such other’s IMMININENT use of unlawful force…” and then followed by “however…a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she REASONABLY believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.” The statute uses the words “reasonably believes,” which makes in objective standard. Subjective “feelings” of fear or anything else are legally irrelevant.
So the bottom line is that one must be and seem cooperative but make it clear that other than a very generic description of the events to let police know you were the victim, you should not provide details and you should repeatedly assert your right to speak with an attorney. No matter what happens, or if you are arrested, do not answer detailed inquiries or provide detailed information until your lawyer is there.
Best wishes to everyone if you ever find yourself in such a situation. Be careful out there and stay safe.
Negative. In a home invasion that you successfully stop, it’s the 3 S’s. Shoot, shovel, shutup. Don’t bother the already busy police just to put yourself in a legal bind. Scum bags don’t disserve any recognition. To hell with them. Besides, nobody else knows they’re there in your home. Feed them to the coyotes. It’s what I do
This is extremely sound advice Even some of the comments are intelligent.
Omitted in the “to do” list was administration of first aid to the would be assailant. This act demonstrates your true understanding and concern for human life once the threat has been removed.
Before it happens buy and read (twice) “In Gravest Extreme” by Massad Ayoob. You owe it to yourself and your family.
Print it, keep it next to your CCH
Dear Officer: If I have given this to you, I have unfortunately had to do what was necessary to defend innocent life. I am willing to sign a criminal complaint against the perpetrators(s). I will point out witnesses and evidence.
As you may have experienced yourself, this is a stressful and traumatic experience for me. Therefore, I wish to make no further statements until I have contacted an attorney and composed myself. I also do not consent to any searches. I will cooperate fully once I have consulted with an attorney and calmed down. As a lawfully armed citizen, I ask for the same courtesy that you would show a fellow officer who was involved in a similar situation.
Oh sure Joseph. Give them a pre prepared note. Officer reads this and thinks “This guy must have planned this in advance”. Bad idea
Inform the police that you will not be making a statement for 24 hours. Give yourself some time to collect your thoughts.
I am a resident of New York State.
I am told ANY KIND of insurance is not permitted by the governor.
True ?
I thought in Texas it was ….shoot….shove….and shut up?
You will be deaf, you will likely be unable to call the idiot at 911, and you will not recover your hearing by the time cops arrive.
If you can’t hear, you will “hear” and say something stupid.
Have you ever been at the range, went for a drink of water, and forgot to put your hearing pro back on?
That’s what it will be like. There will be blood all over YOUR house, the cops will arrive screaming all at once,
if they don’t shoot you, you will be taken from YOUR house that may be left unsecured.
“I will not speak to you until I have recovered my hearing and spoken with an attorney”
You will not be able to hear or understand a goddam thing. You will have to defend yourself all over again.
Not necessarily true. I have been in 2 shootings in my L E career. I was able to hear perfectly. I also have buddies who hunt and say their shots have not affected their hearing. I think it’s the bodies ability to protect itself from trauma.
I’m not saying it’s not going to happen but It’s not a definite. Stay safe.
“You will need to provide basic information about what happened to the responding officers.”
No, you won’t. And you shouldn’t; you shouldn’t say ANYTHING beyond “I look forward to providing a statement after I speak to my attorney.”
Chuck you are DEAD wrong. A firearms expert that teaches lawyers how to handle shooting cases and a lawyer that teaches lawyers how to handle shooting cases, say the same thing as the writer. You want to contact 911 as soon as it is safely possible. You want to give them your name, location, and phone number. You want to let them now that you have been in involved in a defensive shooting and you need medical and police assistance. You want to list the evidence you see. Make a list of any witnesses. Tell the police the person you shot threatened you with bodily harm and your were in fear for your life (or of another) and that you shot at the person and they went down. The tell them you will sign a complaint against the person. Then you tell them if they have any further questions you will be happy to answer them when you have legal consul. Te tell them “I ain’t saying nothing” will make you the suspect and possibly put you thru a lot of unneeded headache. It could mean the difference between being handcuffed and put in jail or being told to report to the police station to sign the complaint.
All good advice. I would add that some form of insurance or legal defense would be in order. I recommend Armed Citizen Legal Defense Network.
When you call 911 do it on the landline if you have one. All the information the dispatcher needs will be relayed. This is by far the fastest, If you think we can find your cellphone location, you are wrong. Only on TV.
So even if you could treat the intruders injuries, you should not do it?
You have the right to remain silent. Use it.
I’d also add that when cops get in a shooting, best practice has been accepted that they need a minimum of 3 sleep cycles before they give a statement. Why is an armed citizen any different? A brief statement in support of your actions then a full statement given ONCE with your attorney present. Armed citizens need some kind of blanket coverage and you can choose whom you like from USCCA to others but I prefer and recommend CCW Safe for the best coverage you can get.
As a homicide investigator, I’m going to say that if you tamper with the body at ALL, it WILL be viewed as a guilty act by us and will not help your case. You don’t have to do everything right but if you do something wrong AFTER the fact, you aren’t helping yourself at all.
The police get a 3 cycle break because that’s usually a contractual thing due to the job and the fact that their under stress daily including shootings anyway… citizens doesn’t have that opportunity so that’s why they should at the least request to go to the hospital from the scene whether they’re injured or not. Tell the paramedics you’re feeling pressure in your chest or stomach or that you’re feeling dizzy, basically anything that will get you away from the scene,that will give you a break and time to collect yourself and your thoughts so that you can calm down before any real interviews begin. Remember to give basic info and then nothing more until you speak with an attorney. If you’re placed in the rear of a squad car don’t talk because they’re usually recording devices active,STAY SILENT. When you’re in the ambulance don’t talk outside of I’m dizzy as there could be recording devices active or the paramedics called into court to testify about your conversation while being transported for treatment.
So no bleaching everything, and a quick trip to one of my hog barns?
Many of us cannot shut up in a moment of excitement but this is the time do it. Name rank serial number.
As the article says, anything you say can be used against you, and in fact your statement may end up being the only thing an overzealous prosecutor has, especially if local law is not on his side. This ain’t the movies, and it’s no time to be debating the Second Amendment.
A smart idea might be to have a checklist for your mate—phone numbers for the lawyer, things to remember about not making statements to the media or the cops. There is a new movement within the gun control crowd that wants to make wives look like victims of men who keep a gun in the house.
Better to say nothing and look the fool, rather than run your mouth and remove all doubt.
If your spouse and children are in the home and are safe/not injured after the event, how should they respond to officers asking questions? I assume they should remain in the house? Should they have a written statement to hand to officers?
Good advice. My insurance company, CCW Safe, says the very same thing.