Posted on 06/12/2012 4:31:20 AM PDT by Rennes Templar
Police officers in Indiana are upset over a new law allowing residents to use deadly force against public servants, including law enforcement officers, who unlawfully enter their homes. It was signed by Republican Governor Mitch Daniels in March.
The first of its kind in the United States, the law was adopted after the state Supreme Court went too far in one of its rulings last year, according to supporters. The case in question involved a man who assaulted an officer during a domestic violence call. The court ruled that there was “no right to reasonably resist unlawful entry by police officers.”
The National Rifle Association lobbied for the new law, arguing that the court decision had legalized police to commit unjustified entries.
Tim Downs, president of the Indiana State Fraternal Order of Police, which opposed the legislation, said the law could open the way for people who are under the influence or emotionally distressed to attack officers in their homes.
“It’s just a recipe for disaster,” Downs told Bloomberg. “It just puts a bounty on our heads.”
The cops never made it to the door unmolested by Barnes ~ who’d told the officer on the scene in the parking lot that he’d left.
Wrong. It would have been trespassing if he was not the lawful resident, or robbery if there was no property dispute.
That he was in the process of leaving his wife was irrelevant.
That right there is unlawful entry. If they do not identify themselves and then still decide to storm in through the door, in any homeowners view, they are a intruder and can legally be shot.
Exactly my point. "Damsel in distress" is not a legitimate infraction of the legal code.
The guy didn't live there. He'd announced his intention. His stuff was out, and if it wasn't out he was entitled to his day in court to make his claim and in most places even have the Sheriff HELP HIM remove it.
The woman asked the cops to come to her place ~ and her right is paramount in this case. Don't ignore her right. The police actions follow directly from it.
No, assault and battery by Barnes. The cop was there at the request of the woman who was by that moment the sole lawful occupant of the apartment.
That’s still wrong the cops are there in the first place. Guy did nothing wrong and yet has to stand down in his own house? That’s the strong arm thuggery tactics that this law will prevent which is a good idea other states could learn from.
I used to be one of the biggest pro-WoD cop boosters here. My mind changed a while back based on watching trends in the news and my own personal experiences with LEOs, both official and casual (listening to LEOs talk shop when they think no one is listening is eye-opening). I think a lot of folks have had similar epiphanies.
The cops came. A guy jumped them at the door.
He was certainly not trying to defend her!
Wasn’t his house. He’d already said that to the cop in the parking lot.
The woman asked the cops to come to her place But she did not give them permission to enter the apartment when they asked.
There is literally no reason whatsoever for Barnes to have returned to the apartment and pushed a cop.
Barnes struck first ~ always a bad move. This law doesn't change that ~ in fact, when Barnes struck the officer he had probable cause to do a lot of things. He didn't do everything he could have.
75 years ago Barnes would have gone to the hospital next.
He never said that, he said he was getting his stuff and leaving.
Right, the cops bullied their way in to the apartment. They have no business in doing so. No search warrant, no consent. They should be considered intruders once they cross that threshold in this circumstance.
Putting all your stuff in a truck does not terminate your residency.
As I said, it would have been trespassing if he had no right to be there.
Actualy Barnes was in the doorway, for the officer to enter he had to touch Barnes and Barnes responded.
Perhaps this will make them check addresses more carefully?
Look, guys, I don't really care if you beat your women, but keep it at home, behind closed doors, and with plenty of soundproofing. You go running around in the parking lot making noise I will find my peaceable use of my own property endangered and will call the cops.
I lived in a highrise once where the local sewer authority decided to drill a tunnel through solid rock immediately below my window. They were given from 7 AM to 7 PM To do the job. Once or twice they carried on until 10 PM. Then came the day when they kept it up until the wee hours of the morning.
There were numerous people who fired on the transformer that provided them the power to run their drills and the cooler that kept their beer cold, and the portapotty.
Wasn't me BTW, but I was really surprised how many rounds were involved ~ a regular range party Fur Shur.
The cops didn't respond until the next day. That's one of the few times I thought they did a really good job.
Oh, they didn't even interview people but, of course, nobody had seen or heard a thing.
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