You don't obviously. In most cases however, and by law in some states, you can assume someone breaking down your door at Oh-Dark-Thirty, doesn't just want to use the phone. Theft during the nighttime, or burglary any time is justification for use of deadly force in Texas, let alone assault with a deadly weapon. Drug investigators are often, but not always of course, pretty scruffy looking individuals, not your typical cop, and in the middle of the night the "police" across their jackets, which usually don't look much like regular police uniforms, may not register.
Maybe one partial solution would be to have warrants, especially the "no knock" type, served only by uniformed officers. Might even save a few officers lives.
If she was innocent and had survived, would she have been in trouble for shooting them?
Here are two examples from Texas (commentary by Radley Balko):
- Tony Martinez. On December 20, 2001, police in Travis County, Texas storm a mobile home on a no-knock drug warrant. Nineteen-year-old Tony Martinez, nephew of the man named in the warrant, is asleep on the couch at the time of the raid. Martinez was never suspected of any crime. When Martinez rises from the couch as police break into the home, deputy Derek Hill shoots Martinez in the chest, killing him. Martinez is unarmed.
A grand jury later declines to indict Hill in the shooting, and he continues his employment with the police department. The same Travis County paramilitary unit would later erroneously raid a woman's home after mistaking ragweed for marijuana plants.
So if police conduct a no-knock raid and mistakenly kill a completely innocent, unarmed person, it's no one's fault, because these raids are naturally dangerous and volatile, and it's easy to see how mistaken identity might happen.
Sources: Clair Osborn, "Survivors sue Travis county over fatal raid," Austin American-Statesman, May 10, 2003, p. B1; Claire Osborn, "Deputy not indicted in drug raid death," Austin American-Statesman, April 4, 2002.
- Edwin Delamora. On February 15, 2001, the same task force that would later mistakenly shoot and kill Tony Martinez raids the Del Valle, Texas mobile home of Edwin Delamora, who lives with his wife and two children. As two deputies beat down his door with a battering ram, Delamora fires through the door, fearing he is under attack. His wife is on the phone with 911 at the time he fires. One bullet from his gun strikes and kills sheriff's deputy Keith Ruiz.
Delamora had no previous criminal record, and his defense says the raid on his home was influenced by an anonymous informant who turned out to be the brother of two sheriff's deputies. Information about the informant's relationship with the police was suppressed at trial.
Delamora was eventually convicted of capital murder, and sentenced to life in prison. Police found less than an ounce of methamphetamine and one ounce of marijuana in his home. Prosecutors declined to seek the death penalty because of substantial doubt about whether or not Delamora knew the people outside his door were police. That decision sparked heavy criticism from Texas Attorney General John Cornyn (now a U.S. Senator), who moved for a law requiring the death penalty to be an option in any capital murder case.
Time magazine would later report that people in the community were suspicious of the narcotics task force, describing the team's general attitude as "those task-force guys were Rambo wannabes."
So if men are attempting to break into your home, and you mistake them for criminal intruders -- bolstered by the fact that your wife calls 911 -- you get no deference for the volatility or confrontational nature of SWAT raids. Mistake a cop for an intruder when firing your gun, and you're going to jail for a long, long time. And God help you if there's some dope in your house, too. When a member of the same SWAT team later mistakes and unarmed, innocent man for a deadly threat, and consequently shoots and kills him, the police officer won't even be disciplined, much less sent to jail.
Sources: John Cloud, "Guarding Death's Door," Time, July 14, 2003; Jordan Smith, "Another Drug War Casualty," Austin Chronicle, July 19, 2002; "Delamora attorney says key facts were withheld," Austin American-Statesman, July 29, 2002, p. A1; "Cornyn: Death penalty must be option when officer killed," Associated Press, July 25, 2002.