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To: OneWingedShark; Abathar; xzins; wmfights; Forest Keeper; blue-duncan; SeaHawkFan
This is the inescapable conclusion of the declaration that they made that “THE RIGHT TO REASONABLY RESIST AN UNLAWFUL POLICE ENTRY INTO A HOME IS NO LONGER RECOGNIZED UNDER INDIANA LAW.”

The question of whether or not the entry is "legal" is, in fact irrelevant as long as the police are acting in their official capacity. The Supreme Court clearly made the distinction that as long as the police are acting in their "official capacity", the homeowner does not have the defense of the Castle Doctrine to any battery upon a police officer. However if the police officer is NOT acting in his official capacity, then the homeowner is entitled to use the Castle Doctrine to protect his home.

The key element (which you seem intent upon ignoring) is that the police must be acting in their official capacity in order to override the castle doctrine.

I do believe you will find this to be the case in 50 out of 50 states. I doubt very seriously if there is a court in America that would give a homeowner or occupant the right to violently resist police officers who are acting in their official capacity even if it is later determined that the entry was not legal.

Can you show me a single jurisdiction that allows homeowners to batter police officers simply because their warrants are later determined to be improper or their entry was deemed invalid as not being valid exigent circumstances?

59 posted on 09/20/2011 4:34:52 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe

>Can you show me a single jurisdiction that allows homeowners to batter police officers simply because their warrants are later determined to be improper or their entry was deemed invalid as not being valid exigent circumstances

You ignore all the places wherein the police, or other “LEOs,” are violating due process because they DON’T HAVE WARRANTS. {TSA springs immediately to mind.}

What you propose is little less than the validation of police-actions by reason that the police acted, a very untenable position to take in a free country... and an impossible one not to take under a despot.


60 posted on 09/20/2011 4:40:58 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: P-Marlowe
Can you show me a single jurisdiction that allows homeowners to batter police officers simply because their warrants are later determined to be improper or their entry was deemed invalid as not being valid exigent circumstances?

You are probably right.

What about a no-knock raid; especially one on the wrong house?

63 posted on 09/20/2011 4:46:41 PM PDT by SeaHawkFan
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To: P-Marlowe
-- I do believe you will find this to be the case in 50 out of 50 states. I doubt very seriously if there is a court in America that would give a homeowner or occupant the right to violently resist police officers who are acting in their official capacity even if it is later determined that the entry was not legal. --

I don't have a list of cases or states lined up, but I am certain some states admit a castle doctrine affirmative defense, even against police officers actions in the line of duty.

83 posted on 09/20/2011 8:13:26 PM PDT by Cboldt
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