Inside Attacks

Defending yourself inside your home is rarely ever questioned versus defending yourself outside your home.

What To Tell 911

A guy broke into my house and I was AFRAID for my life and my kids and was FORCED to defend myself. I need EMS and 2 ambulances. (1 for you and 1 for the bad guy). Do not ask for a coroner. Your 911 calls are recorded, and anything you say can and will be used against you. You will be pumped with adrenaline, and are likely to say really weird stuff, likely to blabber. So keep it short and succinct. If you think there are more bad guys out there – say so on the call. Tell them you have secured your weapon and are now unarmed.

Secure Your Weapon

Secure your weapon in a way it can’t be used against you. Remove the ammo including anything chambered in a semi auto. Remove a magazine if equipped, place the weapon and the ammo in a separate safe location. For example, the gun in your car, the removed ammo in your trunk.

Empty your weapon and have it locked open and away from you, but visible. When they show up, have your hands up and let them know you are the homeowner that called 911.

Preserve The Crime Scene

Don’t touch anything at the crime scene. Don’t touch the attackers weapon with your hand. Use your foot to kick it away. This will avoid your finger prints getting on it. Providing first aid can be a plus in some areas. If the cops see blood outside but he’s inside, they’re going to have questions and they will be suspicious. Don’t police your brass. Don’t let neighbors in your house.

If safe to do so, take pictures before the cops arrive, just in case the police don’t like you and try to frame you as the bad guy.

What To Tell The Police

You will be taken in for questioning. Don’t answer any questions and instead simply say “no offense but I want to speak to an attorney to preserve my constitutional rights.” Whatever you say will be spun against you, taken out of context and twisted up so you don’t recognize your own words.

When the police do arrive, basically repeat your 911 call – point to the guy, say he broke in, I was forced to defend myself. If there is an obvious weapon of his, point to it. “That’s his knife/gun over there”. The evidence will tell its own story, best you don’t add details that don’t match the evidence. If they ask for a statement just say that you’re flustered and dazed – you need time to collect your thoughts. You can say you’d like your attorney present going forward, as well. You can invoke your 5th Amendment (your right to silence and to counsel) even before they are in a position to give you your Miranda warning. But you have to say you invoke those rights. Don’t just clam up. As soon as you invoke those rights, they must stop questioning you. If you don’t verbally invoke them, they can keep asking and pestering you into an answer.

If They Ask You To Make a Statement

If the officer presses you for anything more than your name, go ahead and advise him that you will not be making any statements until you have time to contact your attorney and arrange for him to be present during your conversation with the police.

Do Not Consent To Search

DO NOT give the police permission to search in any form. Tell them that you are emotionally distressed and wish to speak to your personal physician and your attorney once you have had time to calm down. They will still search anyway, but if you do not consent, anything else they find (like weed) can’t be used against you.

Attorney Advice

Let your attorney control when you are interviewed and what is said. Even cops have 36–48 hours to be interviewed on any shooting involvement they are in. Good idea to have something like US Law Shield coverage or USCCA coverage.

If He’s Not Dead

If he’s not dead, only wounded, you may have a problem.

Most burglars are fairly knowledgeable about the law. If you get one of those, and he’s smart, he’ll tell the police, yes, he broke in, but as soon as you appeared, he tried to surrender and told you to call the police, but you shot him anyway. If he’s of a different race, he’ll say you used a racial slur just before you pulled the trigger.

This won’t get him out of the burglary charge, but it will be ammunition for the lawsuit he’s going to file against you.