You shoot any LEO especially Federal by mistake tragic accident or anything else and you are toast regardless of Castle law or anything else no excuses accepted by LE. Even if you can afford the best legal defence team $ can buy your chances of going to prison are still 50/50 in this type situation. The only time this type of shooting is looked at objectively is when a LEO shoots an innocent citizen. Then there are always extenuating circumstances that need to be looked at. Go figure..
A FBI agent serving a search warrant by himself? With those circumstances, I would say that the agent is not on the up-and-up and doesn't want witnesses to his intentions. No LEO that I know of would execute a search warrant by themselves if it was legitimate, for one very simple reason: there is no telling what is on the other side of the door.
All I know about the Patriot Act is that it is a lightning rod for paranoia, but it hasn't had any actual negative consequences (unlike most other laws).
Originally Posted by Sticks
I'm pretty sure this is a legal question and I am sure that I am not a lawyer. But I think the test in court would be the 'reasonable man' standard. In other words, a jury would be asked how they think a 'reasonable man' would act in the situation. If they think it was reasonable to fear for your life they would be instructed to find you not guilty.
Originally Posted by SMSTRICK
I seem to remember a case from many years ago (from Florida?) in which a SWAT team served a "no-knock" warrant on a house that was named by a paid confidential informant as a drug house. The CI wanted money and just basically picked th house at random. The startled homeowner shot at least one of the LEOs and was not charged. In fact, I think he sued. I wish I could find the story again.
IMHO, it is not anti-terror enforcement which creates this risk, it is drug enforcement tactics going back decades which are the problem.
Aunt says Frederick was protecting himself when officer was shot | HamptonRoads.com | PilotOnline.com
Self-defense argument against law enforcement serving no-knock warrant to play out in Bibb court
Of all the "Hypothetical situations" on here, this one is way out there. I never heard of "self written search warrent". I seriously doubt that an FBI agent would try to serve a warrent by their lonesome and if they did or had 10 other agents with them, they would have to announce themselves. If they didn't announce themselves then it is shame on them.