Posted on 04/07/2022 6:25:48 AM PDT by marktwain
On March 30, 2022, a three-judge panel of the Fourth Circuit published an opinion in the case of Knibbs v Momphard. The Court found for the Estate of Knibbs, which is suing Deputy Momphard of the Macon County Sheriff’s Department. It was a split opinion, for the Knibbs Estate.
Important precedents involving firearms and the Second Amendment are solidified by this opinion, which cites several previous cases. The Constitutional Amendment primarily cited is the Fourth Amendment. However, the citation to the Fourth relies on the Second Amendment, which includes the possession of a firearm in the home for self-defense.
On April 29, 2018, there was a dispute between neighbors on Pheasant Drive, which was a private, one-lane dirt road without street lights. It was dark when Deputy Momphard answered the complaint. As part of the investigation, he attempted to contact the Knibbs family. He did not turn on his emergency lights or use his siren. There was a full moon.
As he knocked on the door and announced himself, he heard a shotgun being racked. He feared for his safety and moved onto an attached porch with windows. He shined his flashlight through one of the windows to see Knibbs, holding a shotgun.
(Excerpt) Read more at ammoland.com ...
Clear visual LEO identification ++
Done it with Police, DPS Troopers, even the Secret Service.
He ‘feared for his safety’ but then proceeded to shine his flashlight through one of the windows?
> He did not turn on his emergency lights or use his siren. <
For me, that’s the key point right there. It is beyond me why the police don’t at least turn on their emergency lights when approaching a house after dark. Give the folks inside at least some clue that it’s the police, and not a burglar.
Split decision. One of the judges thought it was alright to shoot the homeowner because the homeowner did NOT have the right to come to the door with a weapon.
One vote, just one.
“As he knocked on the door and announced himself, he heard a shotgun being racked. He feared for his safety and moved onto an attached porch with windows. He shined his flashlight through one of the windows to see Knibbs, holding a shotgun. It is disputed whether the shotgun was pointed at Deputy Momphard or not. Momphard fired numerous shots, killing Knibbs.”
Under such conditions - no lights/sirens to-boot - the officer becomes a predator.
I would loathe to be in such a situation - to state nothing of its wake - but that officer made himself a valid target and, for at least some of us here, this story would have turned out much differently.
I applaud this decision and hopefully it leads to major reforms in regard to the corollary, ‘no-knock warrants’.
(officer training, too)
I caught that, too.
Momphard should not be a LEO. That level of stupid illustrates lack of any strategic awareness. If it was indeed a hostile situation and there was one in the actors chamber (established), it could have cost him his life.
He's better off behind a desk.
I agree with the verdict, but I want to point out the obvious. In all three of the cited cases the homeowners are dead. Gun possession requires forward thinking. Place your possession and actions in future context.
“Done it with Police, DPS Troopers, even the Secret Service.”
Why so much interaction with the Po Po?
These folks attempting to tell us what we can do behind our closed doors are very scary. They hate the idea that we can stand up against unlawful intrusion.
You get a lot of interesting visitors....lol
True, I generally would be CC when opening the door. No need to raise anxioties.
He didn’t pull up with lights and siren. Anyone can knock and say I am police. If your not a felon and are legally allowed to own a firearm then you can carry a gun in your house. And the cop shines his light at him through the window. The cop is lucky the guy didn’t shoot him. Shine the light at you in your face and you can’t see who it is. I think here in Florida you can carry open on your property. I know we are allowed to and do carry open in the jewelry store I work at.
Very true. As a recent experiment. I did not put a top shirt over my holstered weapon. First thing my family looked at when I walked in the room. Nice to be not hassled with open carry, but I like the out-of-site out-of-mind approach.
I have a door block on my front door. It’s not some flimsy chain on the door, but a braced 2 by 4 positioned on the floor. It allows me to open the door about four inches. Any bad guy who tries to force his way in would have some difficulty, giving me plenty of time to react.
And if it’s a friend, it only takes a moment to move that 2 by 4 out of the way.
I think you misread my comment.
Agreed 100%.
I was agreeing with you and commenting on your comment. Lol.
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