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.”
Right up to that point everything was kosher ~ the cops were in the right, the resident in the right, and the soon to be ex-husband in the right.
He made a wrong move. Imagining this as some sort of home invasion is equally wrong. The woman's rights, and the fact of the call for help, have to be totally ignored to deal with the man in any other way.
The legislation does not repair the error made by the Supreme Court!
Makes Mitch Daniels look good to some Conservatives, but there is a downside. Cops will be leary of responding to calls for help.
Now you're just being contentious.
In fact, I doubled my loadout after 9/11.
What makes you think HE wasn’t a “resident?”
It’s not the cop’s job to take sides in a property dispute.
And “the call” I was referring to was the case of the woman that called 911 because her local McDonalds ran out of Chicken McNuggets. Rush talked about it for weeks.
I hope never to be in this situation, but I consider it reasonable to assume that any illegal entry into a home is not done by genuine law enforcement officials acting in their official capacity. It is reasonable to assume that anyone conducting that illegal entry is (1) not really law enforcement, and (2) intending immediate harm to the residents of the home. It is reasonable to resist that threat with deadly force, and I’m grateful for a law that permits that action . . . dangerous as it is for the family.
That wasn’t ‘wrong house, meant to go to the neighbor’s instead’. They actually had the correct house based on the information they had. It wasn’t good information and the raid was poorly conducted, but it certainly wasn’t ‘whoops, wrong house.’
Article on passage and signing from March 23:
In the Conservative Cave, there was some of the same back and forth as here, including these survival rules for police:
Just don't try to arrest people in their own homes. Wait till they come out.
If you have to go in:
Knock or ring the doorbell;
Ask permission to enter;
If you have a warrant, show it and permit the citizen to read it;
If the dog is on a chain, don't shoot it;
If the dog isn't on a chain or otherwise secured, offer the citizen the opportunity to secure it before you think of shooting it;
Once inside, don't deliberately wreck the place while conducting the search;
If you think the coke's in the couch cushions, let your K-9 partner take a whiff before cutting them open;
If you don't find what you're looking for, help the citizen put back anything you moved, apologize, and leave;
And last but not least,
Double-check to make sure you got the right house before knocking.
In this way, shootings of and by police will be greatly reduced.
I don’t remember the total case, but a few years back some swat team entered the wrong house and granny took out 3 before they killed her. One of them died....
Common sense says that a police officer who forces entry into a home without (1) a warrant or (2) probable cause that a crime is in progress is a home invader, and his possession of a sidearm makes him an armed home invader.
The 95 percent of good police officers should have no more problem with this concept than the 95 percent of us who are not thieves should have with the fact that our neighbors have locks on their doors. The locks (and police) are not there for the honest majority.
Spot on about the ‘roids. He’d been doing them since high school, which is forever ago. The busted femur took him out of action for 6 months. He seems a bit more mellow now.
Re: “She said he tossed her stuff. The cops had every right to make a housecall without a warrant. He had no right to attack the cops.”
If the police were called, then they DID have probable cause to enter the residence and the occupant therefore had no right to attack them.
That's pretty much what I've observed. It must really chap their asses that over time, the number of blind supporters has decreased dramatically. I've watched the trend on this site, and it is definitely a lot less blindly cop friendly than it was a decade ago. There are a small number that will continue to beat dead horses and straw men all day long, but thankfully, they are a minority. You'll notice it on this thread.
Buff and overly aggressive - it sounded a bit like “roid-rage.”
He couldn’t work out, so he couldn’t take the steroids - or that’s my guess. That might be what be what mellowed him out.
Best wishes to him. No matter how much I hate abuse by law enforcement, I still wouldn’t have a cop’s job and respect them for trying do it.
That was in the Atlanta area, the cops were corrupt and they were tried in court and went to jail.
Officer Jason Henry arrived on the scene and observed that Barnes was very agitated and was yelling. Barnes continued to yell, loudly and did not lower his voice until Reed warned that he would be arrested for disorderly conduct. Barnes retorted, if you lock me up for Disorderly Conduct, you‘re going to be sitting right next to me in a jail cell. Mary came onto the parking lot, threw a black duffle bag in Barnes‘s direction, told him to take the rest of his stuff, and returned to the apartment. Reed and Henry followed Barnes back to the apartment. Mary entered the apartment, followed by Barnes, who then turned around and blocked the doorway. Barnes told the officers that they could not enter the apartment and denied Reed‘s requests to enter and investigate. Mary did not explicitly invite the officers in, but she told Barnes several times, don‘t do this and just let them in. Reed attempted to enter the apartment, and Barnes shoved him against the wall. A struggle ensued, and the officers used a choke hold and a taser to subdue and arrest Barnes. Barnes suffered an adverse reaction to the taser and was taken to the hospital. From the court record
The police did not have permission to enter and did not have probable cause either. If they had probable cause then they could have arrested Mr. Barnes in the parking lot.
I noted that too, it was signed Mar. 23. It is a significant law, but of course no MSM coverage.
That depends entirely on how the cop comported himself after determining whether a crime was being committed.
If no, but he decided to stay and play arbiter of what the man could or could not do with his own property, then the attack may have been justified.
Thanks for the info....they sure deserve prison...
Here in the sate of Florida we now have the DEMON-Rats wanting our SYG law rescinded.
They believe when you are under attack you are supposed to submit to what ever threat comes at you. If the perp wants to beat you, rape you or family, burn your house down you just roll over.
Sorry about that RATS because I do not believe in that S—t!
The Constitution of the United States of America and Samuel Colt made me equal!
The total number of days between Tuesday, June 12th, 2012 and Tuesday, November 6th, 2012 is 147 days. Et Tu, Barack!
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