Posted on 05/13/2011 3:52:05 PM PDT by BCrago66
The decision is Barnes v. State, and the Indiana Supreme Court divided 32.
In this case, the officer had come to the home in response to a domestic violence call. He found the defendant, Barnes, outside. The officer and the defendant exchanged heated words, and the defendant started yelling at the officer. The officer threatened to arrest the defendant if he didnt calm down, and the defendant threatened to have the officer arrested if he arrested him. At this point the defendants wife came outside, threw a duffel bag in the defendants direction, and told him to take the rest of his stuff. She then went back inside the home. The defendant then reentered the home following his wife, but once inside he blocked the officer (and another officer) from entering. The officers asked if they could enter the home, and the defendants wife pleaded with the defendant to let them enter. The defendant refused. The police then entered anyway, and the defendant shoved [an officer] against the wall. The officers then tazed the defendant and arrested him.
(Excerpt) Read more at volokh.com ...
I’ve been called a lot of things but never a cop. No I could never be a cop and here is why. my technique to stop someone goes like this:
BANG, BANG
HALT
Man I never get that right
yeah not a cop, and I wouldn’t shoot your dog, but I would have kicked that husbands ass.
No not Judge Dredd, but old school from my youth.
They ruled on on issue shown here. They ruled that EVEN IF the entry had been illegal, the perp does not have the right to decide that, and commit a battery on the LEO in the hope the entry would later be found to be illegal. It cites the other remedies available.
It goes on to describe the many ways LEOs can enter absent a warrant.
That is why it is so important to read the entire piece very carefully, especially when it is from a one-sided source.
So you’re saying tie goes to the wifebeater?
Shhh!
Did you hear that....?
So now if police illegally enter the home of any law abiding person in Indiana, it's against the law for him to resist.
Do you support this ruling?
Support ruling? Of course I do
Stop and think this through. Cops arrive and enter due to one of many reasons they can legally enter without warrant
Homeowner thinks entry so he starts fight with cops. Even worse, he produces legally owned firearm and starts shooting. Cops shoot back. In end 2-3 people dead.
As court held, there is now sufficient redress for an illegal entry. 3am, after a dozen beers is not the time to decide whether or not the entry is legal.
Make that “homeowner thinks (incorrectly as in this case,or even correctly) that entry is illegal”
I don’t think I said “the tie goes to the wife beater.” I was interested in the wife’s implicit request that the police enter. Go to the Volokh Conspiracy website. He is a somewhat conservative law professor at UCLA-of all places! The website has extensive comment on the decision.
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