COA: Police "Ruses" and Home Entry

[Kirk Freeman]

With all the post-Barnes discussion (sometimes zombie threaded) and legislation (also zombie threaded), the Indiana Court of Appeals opinion on a Battery/RLE case out of Marion County 19 today that should be of interest to INGO. Court finds that police should not be allowed to lie to gain entry into a home, thus defendant could not be convicted of RLE.

Harper v. State: http://www.in.gov/judiciary/opinions/pdf/02261410pdm.pdf

 

[Trigger Time]

Sounds like a victory

 

[Twangbanger]

Yayyy...

 

[GodFearinGunTotin]

Interesting. I like it.

 

[nettinyahoo]

The 4th amendment hangs on for a little longer

 

[IndyGal65]

Victory. At least for now.

 

[BehindBlueI's]

Will this have further implications for the porn industry? Think of all the guys who've made entry into homes claiming to be delivering a sausage pizza, and that's not what they were there for at all.

 

[Kirk Freeman]

Will this have further implications for the porn industry? Think of all the guys who've made entry into homes claiming to be delivering a sausage pizza, and that's not what they were there for at all.

1. We can't have nice things.

2. Porn actors are non-state actors, thus the warrant requirement does not apply. However, as they are obtaining consent fraudulently it would likely be Residential Entry.

 

[Denny347]

I just went through a 3 day class last week that taught us "structure clearing". The first class of the first day was taught by our resident leo/lawyer about WHEN we can enter a structure. While not discussing this case specifically (I do not believe), we did talk about the fact that a warrant is needed to so much as cross the threshold of an open door...if we do not have exigent circumstances or permission. Nothing new, just brushing up. Indiana Justices in the appellate and ISC generally lean towards individual rights over LE.

 

[Rhoadmar]

1. We can't have nice things.

2. Porn actors are non-state actors, thus the warrant requirement does not apply. However, as they are obtaining consent fraudulently it would likely be Residential Entry.

Depends on where you live.

 

[Kutnupe14]

Trying to figure out why she wasn't charged with domestic battery (aside from the prosecutor's office choosing not to file) ? I would have simply done that, and not even worried about the RLE.

 

[88GT]

I just went through a 3 day class last week that taught us "structure clearing". The first class of the first day was taught by our resident leo/lawyer about WHEN we can enter a structure. While not discussing this case specifically (I do not believe), we did talk about the fact that a warrant is needed to so much as cross the threshold of an open door...if we do not have exigent circumstances or permission. Nothing new, just brushing up. Indiana Justices in the appellate and ISC generally lean towards individual rights over LE.

As it should be.

Trying to figure out why she wasn't charged with domestic battery (aside from the prosecutor's office choosing not to file) ? I would have simply done that, and not even worried about the RLE.

I wondered the same myself.

On a side note: This

Under the Fourth Amendment,3 “searches and seizures inside a home without a warrant are presumptively unreasonable.” Payton v. New York, 445 U.S. 573, 586 (1980).

is encouraging. And provides an answer to that question the mini-statists like to ask about what is unreasonable. (Exceptions give for exigent circumstances (like the active commission of a crime by someone inside) or permission, of course.)

 

[Movealongmovealong]

Wow. These cops could have been legally shot and killed for their illegal home invasion. I guess they are lucky.

 

[Kutnupe14]

Wow. These cops could have been legally shot and killed for their illegal home invasion. I guess they are lucky.

Oh really, legally shot by who, and at what point, during the interaction with officers, would that "legal" shooting occur?

 

[CathyInBlue]

Trying to figure out why she wasn't charged with domestic battery (aside from the prosecutor's office choosing not to file) ? I would have simply done that, and not even worried about the RLE.

I was assaulted by THPD officers, ostensibly because I was OCing without a license (in my own backyard). One officer testified at trial that Indiana has a Concealed Carry Permit, which means I had to cover it up and refused. Guess what. I was never even charged for anything remotely approaching these charges. Same officer that claimed we had a CCP even had IC 35-47-2-1 up on the screen of his cruiser's laptop all the way from my home to the Vigo Co. lockup, so he honestly has no excuse to be so basicly ignorant.

Did I mention the guy's a 15 year veteran of SWAT?

 

[femurphy77]

I was assaulted by THPD officers, ostensibly because I was OCing without a license (in my own backyard). One officer testified at trial that Indiana has a Concealed Carry Permit, which means I had to cover it up and refused. Guess what. I was never even charged for anything remotely approaching these charges. Same officer that claimed we had a CCP even had IC 35-47-2-1 up on the screen of his cruiser's laptop all the way from my home to the Vigo Co. lockup, so he honestly has no excuse to be so basicly ignorant.

Did I mention the guy's a 15 year veteran of SWAT?

Another case of refusing to respect his "authoritah".

 

[drillsgt]

I was assaulted by THPD officers, ostensibly because I was OCing without a license (in my own backyard). One officer testified at trial that Indiana has a Concealed Carry Permit, which means I had to cover it up and refused. Guess what. I was never even charged for anything remotely approaching these charges. Same officer that claimed we had a CCP even had IC 35-47-2-1 up on the screen of his cruiser's laptop all the way from my home to the Vigo Co. lockup, so he honestly has no excuse to be so basicly ignorant.

Did I mention the guy's a 15 year veteran of SWAT?

Please keep him over there.

 

[Shadow8088]

Oh really, legally shot by who, and at what point, during the interaction with officers, would that "legal" shooting occur?

I'm thinking he's talking about this...

The Indiana law that lets citizens shoot cops - The Week

 

[phylodog]

I'm thinking he's [STRIKE]talking[/STRIKE] extremely confused about this...

The Indiana law that lets citizens shoot cops - The Week

Fixed it for ya.