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Law Enforcement Weighs In On Right To Resist Bill
theindychannel.com ^ | February 23, 2012 | Jack Rinehart

Posted on 02/24/2012 6:46:48 AM PST by Abathar

INDIANAPOLIS -- A bill that would allow property owners to use deadly force to resist police is facing increasing resistance of its own.

The proposed legislation would provide property owners the right to use deadly force to stop an illegal entry by law enforcement officers.

Current Indiana law gives homeowners the right to use whatever force they deem necessary to defend themselves and their property against unlawful entry. However, Senate Bill No. 1 is aimed directly at the police and would give property owners the same authority to use deadly force against officers perceived to have made unlawful entry.

The Marion County Prosecutor's Office opposes that bill, RTV6's Jack Rinehart reported.

(Excerpt) Read more at theindychannel.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Indiana
KEYWORDS: banglist; castledoctrine; govtabuse; rtkba
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To: Leaning Right

So if a cop enters your home unlawfully and shoots you for pointing a gun at him, are you any less dead?

the no-knock raids are out of control. There are no repercussions to the cops for mistakes. Its time to stop.


21 posted on 02/24/2012 7:26:50 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: muawiyah
One of the reasons cops wear uniforms is so you know who they are and won't shoot them

But they don't, do they.
Not the ones who execute these types or forced entries...

They wear black suits and ski masks!

Screw that. Uniformed officer gets my straight up respect and cooperation.
A man in a black suit and ski mask gets a magazine full of .45 hollow-points, or until he shoots me dead.

22 posted on 02/24/2012 7:27:36 AM PST by grobdriver (Proud Member, Party Of No! No Socialism - No Fascism - Nobama - No Way!)
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To: Truth29
"...the key factor is if it is an illegal entry."

Correct-a-mundo...

23 posted on 02/24/2012 7:28:19 AM PST by moehoward
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To: grobdriver
There was NO FORCED ENTRY in the case that precipitated this particular legislative initiative.

You really need to get up to speed here. You're talking about one thing and the facts are a totally different situation.

The cops were responding to a 911 call and were invited in by the victim. The perp tried to stop the cops.

24 posted on 02/24/2012 7:30:22 AM PST by muawiyah
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To: Leaning Right

“Uh, did you read the rest of my post?”

I was responding to what you said, which was not that well thought out. Read your first paragraph again...


25 posted on 02/24/2012 7:30:47 AM PST by babygene (Figures don't lie, but liars can figure...)
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To: muawiyah
So why would the Prosecutor need to pay her for the broken property? That just doesn't link.

Good point.

26 posted on 02/24/2012 7:31:43 AM PST by Tenacious 1 (With regards to the GOP: I am prodisestablishmentarianistic!)
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To: driftdiver
Frankly, the cops made or tried to make a lawful entry at the request of the victim inside the house. The perp attempted to thwart that entry so he could continue breaking up her property.

There's only one side to this case and the State Supreme Court GOT EVERYTHING WRONG.

27 posted on 02/24/2012 7:32:58 AM PST by muawiyah
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To: driftdiver
the no-knock raids are out of control. There are no repercussions to the cops for mistakes. Its time to stop

I agree 100% with all of that. As I mentioned above, anyone who's a victim of an unlawful police raid should be compensated with big money. Really big money. Unlawful raids violate your constitutional rights and should not be tolerated.

And police should be required to turn on their lights and sirens the instant they bust through the door. Let everyone inside immediately know that it's the police.

28 posted on 02/24/2012 7:33:15 AM PST by Leaning Right (Why am I carrying this lantern? you ask. I am looking for the next Reagan.)
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To: muawiyah
I understand what you're saying, but the instances of this are widespread, and not under the same circumstances.

The problem of police forced entry into the wrong house are too many to ignore, and the scope of this discussion has moved from that incident to generalities.

29 posted on 02/24/2012 7:33:34 AM PST by grobdriver (Proud Member, Party Of No! No Socialism - No Fascism - Nobama - No Way!)
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To: babygene

Sorry, I’m not following you. I guess we’ll just have to agree to disagree.


30 posted on 02/24/2012 7:35:33 AM PST by Leaning Right (Why am I carrying this lantern? you ask. I am looking for the next Reagan.)
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To: muawiyah

If the guy was still living there, then he has rights as well.

Don’t go postal on us now with your sharia law connections.


31 posted on 02/24/2012 7:36:03 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: grobdriver

But that’s not what this is about ~ this is a legislative initiative to make sure the Indiana Supreme Court does not in the future misconstrue this body of law ~ like it did in the case that started with a domestic dispute.


32 posted on 02/24/2012 7:36:18 AM PST by muawiyah
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To: Abathar

They should name this bill after the fellow that was gunned down by a SWAT Team in his home near Tucson a year or so ago.


33 posted on 02/24/2012 7:36:55 AM PST by Portcall24
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To: muawiyah

“The question was not the lawfulness of the entry, but the homeowner’s perception of the lawfulness.”

The question was not about anything of the sort. The question is about a cop entering your house unlawfully.

It would be my contention that if you randomly selected 100 cops and 100 average citizens, the number of dangerous criminals in the cop group would be three times that of the citizen group. Maybe more...


34 posted on 02/24/2012 7:39:20 AM PST by babygene (Figures don't lie, but liars can figure...)
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To: driftdiver
Driftdriver, the justice who wrote the decision was former counsel to the Moslem POWs at Gitmo. He literally wrote a decision that could make sense only within the framework of Sharia Law.

You should have already known that.

The guy was moving out. His stuff was in a truck out front. He was busting up her stuff ~ she was staying with the house/apartment/condo or whatever. It was HER residence ~ not his.

She should have asked the officers to shoot him. They'd been in the clear and she wouldn't have to pay for a divorce.

35 posted on 02/24/2012 7:39:28 AM PST by muawiyah
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To: muawiyah
OK - thank you for the clarification.
The original post stated:

INDIANAPOLIS -- A bill that would allow property owners to use deadly force to resist police is facing increasing resistance of its own. The proposed legislation would provide property owners the right to use deadly force to stop an illegal entry by law enforcement officers. Current Indiana law gives homeowners the right to use whatever force they deem necessary to defend themselves and their property against unlawful entry. However, Senate Bill No. 1 is aimed directly at the police and would give property owners the same authority to use deadly force against officers perceived to have made unlawful entry. The Marion County Prosecutor's Office opposes that bill, RTV6's Jack Rinehart reported.

And no, I did not follow the links... but you have to admit this text sends the thoughts a certain direction...

36 posted on 02/24/2012 7:42:06 AM PST by grobdriver (Proud Member, Party Of No! No Socialism - No Fascism - Nobama - No Way!)
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To: babygene
You don't understand why this legislative initiative is in the legislature. It started with an Indiana State Supreme Court decision, and that decision was in a case that started with a 911 call by a victim asking for protection.

The discussion must logically take place within the historic framework to make any sense. The other concerns you raise are irrelevant. It's not about stopping a cop entering a home unlawfully, but whether or not you can stop a cop entering a home lawfully by shooting him. That's what it started with ~ an attempt at a lawful entry!

37 posted on 02/24/2012 7:42:14 AM PST by muawiyah
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To: muawiyah

return to sender dude


38 posted on 02/24/2012 7:44:59 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: grobdriver
The text is a snapshot of a current event that takes place in a YEARS LONG DISCUSSION.

We are to the point where the residents perception is at issue and it looks like folks are beginning to understand why they don't need this law. NO ONE has the right to refuse a lawful entry, and this case starts with a lawful entry.

The solution is to FIX the State Supreme Court ~ that's called "Get those Idiots Out Of There"

39 posted on 02/24/2012 7:45:02 AM PST by muawiyah
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To: driftdiver
Story Time:

I was 17 and driving my parents full sized Ford van home at about 12:30 AM one Saturday morning. I was not drinking, no drugs, no speeding no driving violations, nothing illegal.

I was pulled over by a county LEO. The officer, via loud speaker had me place my hands outside the window and leave them there. 4 (maybe more) more squad cars showed up. I was finally approached after about 15 minutes and asked for license and registration and insurance. I asked why I had been pulled over. “Just sit tight with your hands outside the vehicle.” I even asked to get out because it was painful to sit like that.

After about 40 minutes. I was given my stuff back and told I could leave. They never checked the van, never questioned me and never told me what “mistake” must have been made. It infuriated me. I was too young and scared to get an LEO name for my father. But he did file a complaint.

I never blamed the officers for “detaining me” for the 40 to 45 minutes. But I was super pissed that after the time and discomfort an officer didn't at least give me a reason, apologize for the inconvenience and send me on my way. I always suspected they were looking for a perp that fit either my description or that of the van I was driving. They may have even gotten a witness to the scene (I couldn't see crap with all the lights in my eyes). I expect they were “doing their job.”

A simple gesture to acknowledge the situation like, “Sorry kid. Wrong guy.” would have gone a long way with me.

40 posted on 02/24/2012 7:45:22 AM PST by Tenacious 1 (With regards to the GOP: I am prodisestablishmentarianistic!)
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