Indiana- Bill Allowing Citizens to Protect Themselves Against Police Actions

[David2012]

Indiana Governor Signs Bill Allowing Citizens to Protect Themselves Against Police Actions
Self Defense, Politics & 2nd Amendment - 03.22.2012
Story by: Shelley_Rae

http://www.guns.com/indiana-governor-bill-citizens-protect-police.html

Tuesday night, Indiana Gov. Mitch Daniels signed a bill that would protect citizens who reasonably believe force is necessary to protect themselves, someone else or their own property from unlawful actions by a public servant.

While supports believe the proposal strengthens the legal rights of people against public servants or government agents illegally entering their home, police groups are worried that many will use it as justification for attacking officers or will not understand the law fully.

"For those who don't take the time to read the law, it is going to be devastating for someone to think they have a right to resist if they only think an officers is acting illegally," said William Owensby, president of the Indiana chapter of the Fraternal Order of Police.

 

[mhphoto]

That's a good thing in my view, although the right to resist unlawful detainment was already upheld in two SCOTUS cases (Plummer vs. State and John Bad Elk v. U.S.). Though being that long ago I'm not sure if something else on the subject has popped up since. Nothing against LEOs at all, but Americans deserve protection in legitimate cases of unlawful arrests.

 

[henschman]

It's a shame that a bill is needed to "allow" people to protect themselves against some special class of attacker. If someone wrongfully initiates force against you, it shouldn't matter what they do for a living... your rights aren't dependent on the occupation of your attacker. Unfortunately that is how most states see it. I am surprised that a law like this, which is so capable of being demagogued, actually passed a legislature and got signed into law anywhere in this country. Good for you Indiana. However, with our strong "only ones" lobby, I give something like this about a .000125% chance of passing here in Oklahoma.

 

[Glocktogo]

Quite frankly, this law isn't needed in OK (Yet). It was needed in Indiana, because their state supreme court essentially overruled common law dating back to the Magna Carta in 1215. They declared that in Indiana, it was illegal for a citizen to resist a law enforcement agent entering their home illegally. The ruling majority determined that:

the right to resist an unlawful police entry into a home is against public policy and incompatible with modern Fourth Amendment jurisprudence.

http://www.theindianalawyer.com/jus...ts-enter-homes-illegally/PARAMS/article/26354

I'm not sure what "modern jurisprudence" they were speaking of, but they essentially attempted to void the 4th Amendment of the Constitution. The public outcry was so overwhelming that the legislature and governor had to do something to void the court's decision.

I'm not a conspiracy theorist, but there are a great many disturbing trends afoot in this country. The will of the Founding Fathers AND the citizenry of today are being dismissed out of hand by numerous power brokers lately. It's well past time to rein them in.

 

[AllOut]

Good!!!
Nothing like being able to stand up to LEO when he is out line without having to worry about coming back on you no matter the circumstance.
Not that I'm against cops but I'd be danged if im going to let one walk all over me just cause he thinks his badge gives him the right.

 

[Werewolf]

As Henschman said it is a shame that such a law as Indiana passed is even necessary.

That said: No one in Indiana is going to get a free pass based on this law. IANAL but it seems to me that this law is a lot like the UCMJ articles that shield a soldier/sailor/airman from having disobeyed an unlawful order. You can do it but you better be right about the unlawfullness of the order and right or not you will be courtmartialed regardless of whether up front the order is considered by all concerned to be unlawful. The legal proceedings is what will clear you and even if cleared your military career is over.

The same situation will exist if a citizen in Indiana ever justifies the shooting of a LEO using the law in question. They will be arrested. They will go to trial and if found innocent they will, in the police's eyes, always be a cop killer.

Hopefully no one in Indiana will ever have to use the law to protect their freedom.

 

[Glocktogo]

I think the important message isn't necessarily to the line officer, but to the policy managers who direct the line officers. Exercising police powers to enter a dwelling should be done with the utmost care and consideration of the people's rights. If that is communicated to the line officers by management, it will generally happen. If they have a "get the bad guy at all costs" mentality, that trickles down as well.

There are some instances where getting the bad guy is critical to the safety of the community. In many cases, it's not. It's important to be diligent, but not at the cost of liberty.

 

[JB Books]

The fallout would be a lawsuit, IF the homeowner survived.

 

[Werewolf]

The fallout would be a lawsuit, IF the homeowner survived.

Which is unlikely...

 

[mhphoto]

Which is unlikely...

Exactly.