Indiana Law: Citizens Now Allowed to Shoot Law Enforcement During Unlawful Entry

The Intell Hub ^ | July 10, 2012 | Shepard Ambellas

[QT3.14]

A new law in Indiana authorizes the general public to use deadly force against public servants (including law enforcement officers) who unlawfully enter private property.

The measure, approved by Gov. Mitch Daniels in March, (who himself is a Bilderberg member, making the situation even more interesting) is a real game changer as the script has been flipped on the police when it comes to deadly force.

[popdonnelly]

I agree, it’s a stupid law. There’s no way a person can tell if the officer at the door is acting lawfully or not until after the fact. And police work is dangerous enough. Best to just go along and keep your mouth shut until it’s clear what’s going on.

[MrB]

Yep, if you shoot someone entering your home unlawfully and they happen to be a cop, your house and body will be so riddled with bullets that neither will be recognizable.

[BigCinBigD]

But Rambocop can still shoot their dog from outside,right?

[muir_redwoods]

Anyone, cop, king or president entering my property illegally is taking his chances on early retirement. I don’t miss much and there’s no shame in follow-up

[QT3.14]

Indiana laws about unlawful entry cover Burglary (Class A and B felonies);
Residential Entry (Class D felony); and Criminal Trespass (Class A misdemeanor).

Wonder which one would apply to the police since some relate to
armed with a deadly weapon.

[Kevmo]

Do you consult your live-in Lawyer before capping someone?
***There is a problem with that, because the entry will be deemed unlawful after the event by some monday morning quarterbacks. At least this law addresses the fact that the court previously deemed that citizens did not even have such a right.

My question is... if the cops enter the wrong house is it an unlawful entry?

If they find something illegal in the house even with an improper entry, are they allowed to prosecute the owner? If they’re going in hard for a drug dealer but find instead a kidnapper, is the case blown?

[jessduntno]

“But I’m curious: what do *you* think the consequences should be for a “wrong” police invasion of an innocent person’s home? Anything at all?”

Well...since I don’t consider all .00001% of these incidents to which you refer to be done by someone who is evil...it would have to be judged case by case. If a cop is accidentally sent to the wrong address, though, and you blow him up, did you just kill an innocent man?

[jessduntno]

“If they find something illegal in the house even with an improper entry, are they allowed to prosecute the owner? If they’re going in hard for a drug dealer but find instead a kidnapper, is the case blown?”

Good questions. Best answered while the adrenalin is pumping?

[cotton1706]

If a law enforcement officer enters a private home without cause or warrant, he does so without the authority of the people and is therefore not enforcing any law. He is there on no authority but his own, which does not exist in a private home.

Good for Indiana. Go to hell, supreme court justices!

[Nervous Tick]

>> all .00001% of these incidents

That’s one “wrong” police home invasion in 1,000,000.

Did you make that number up, or do you have some evidence that your statement is correct?

It sounds low to me.

[Terry Mross]

Does the law say “house” or “property”. If it says “property” it means a cop could be shot for ringing the doorbell.

Another question, how is the homeowner to know whether or not the cop is entering legally?

[Nervous Tick]

My bad! Math error — .000001% is one in TEN million, not one in one million.

Now the assumption that underpins your push-back is looking REALLY low.

What about it? Is that one in ten million “wrong” home invasions claim of yours truth, or fiction?

[Phlyer]

Best to just go along and keep your mouth shut until it’s clear what’s going on.

By which time the home invaders have rendered you helpless. It'll be pretty clear what's going on as they rape your wife . . . but you'll probably never know because you'll already be dead.

The real issue is: Under what circumstances is it a valid police tactic to make a rapid, violent entry indistinguishable from a home invasion?

I can't think of any except a hostage situation where the assailant is known to be commited to suicide. There hasn't been a situation like that in the United States. Ever. There have been some suicides after a standoff, but not where it was known going in that this would happen.

And there are lots - far, far too many - of examples where a no-knock home invasion under color of law resulted in needless death. Ruby Ridge and Waco were just two famous examples, but we've had one in the town where I live. I know several of our police officers and they're good guys. But the no-knock, violent-entry warrants are an unConstitutional and unjustified risk to eveyrone involved. Simply, patiently, serving a valid search or arrest warrant will save a lot of lives.

Since you can't tell if it's "good" guys or bad guys by what they say or what they wear - certainly not in the heat of the moment - then your only choices are to be a sheep and therefore responsible for the death of your family if it *is* a criminal home invasion, or to resist with sufficient force to protect your family.

[treetopsandroofs]

What the heck, I clicked on the article to find the answer to your first question, guessing you can, too.

As to the second, how indeed?

Or was yours a rhetorical question, and cops always do the right thing?

[arderkrag]

HALLELUJAH, HALLELUJAH! Now let’s hope it spreads.

[jessduntno]

How many civil interactions do you think take place in a routine day in all of America? How many end up in the tragedies you cull from them?

Let’s see;

There are as of 2006, (the last count I know) 683,396 full time state, city, university and college, metropolitan and non-metropolitan county, and other law enforcement officers in the United States. There are approx. 120,000 full time law enforcement personnel working for the federal government adding up to a total number of 800,000 law enforcement personnel in the U.S.

Multiply that by 365 working days in a year.

How many interactions do YOU think take place? 12 or so? All by Jack Booted Thugs?

[Nervous Tick]

>> If a cop is accidentally sent to the wrong address, though, and you blow him up, did you just kill an innocent man?

Yes, “you” did kill an innocent man.

But that doesn’t mean the dead cop’s blood is on “your” hands. In other words, “you” are innocent also.

Whoever SENT the innocent cop is guilty of his blood, and should be punished. Whether it be lying informer, incompetent/evil cop/judge, whatever...

But since you broached the hypothetical, let’s carry it a little further.

If this sort of police behavior is continually “rewarded” because there are NO consequences, we’ll get more of it.

If cops — even innocent ones — who pull this stuff are at risk of getting blown away, then you can bet your booty they’ll be VERY careful before going on a “play army” mission. Every cop whose butt is on the line will DEMAND an audit of the facts of the case before putting their neck on the line.

Which brings me back to the original question: what do you think the consequences ought to be, if not risk of death? You sidestepped my question.

For me, a “wrong address” home invasion should be punishable by:

a) Loss of job
b) Loss of ALL pension and benefits
c) Felony charges, with “swatting the wrong address” being prima facie evidence of guilt
c) INDIVIDUAL (not employer) liability to civil lawsuit

...then I’d say that would have the same deterrent effect as being able to shoot a rogue home invader.

But my guess is, you’d argue just as vociferously against an Indiana law that guaranteed the above as you are now against the current Indiana law.

[DuncanWaring]

Another question, how is the homeowner to know whether or not the cop is entering legally?

That's easy:

1. Cop rings doorbell.
2. Occupant answers door.
3. Cop shows occupant the warrant, and says "I am Officer So-and-so, and this is a warrant to search the premises at this address".
4. Occupant reads warrant to confirm correct address.
5. Cop enters to execute search warrant.

That's not so hard now, is it?

[treetopsandroofs]

The scary thing is, almost all of these cops-can-do-no-wrong and “keep your mouth shut” posters are the ones who can be counted on the most to vote Republican.

[Nervous Tick]

What is this BS you’re slinging?

There are precisely TWO numbers that matter in the computation.

1) The number of forced home entries by a police officer, and
2) the number of those that are “wrongful”.

All of the other figures you threw around are just your attempt to obfuscate and evade the fact that you made up a bogus number and then hung a bogus argument on it.

Just out of curiosity: are you a cop or ex-cop?