Deputy Sheriff: "I own your house."

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  • Denny347

    Grandmaster
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    21   0   0
    Mar 18, 2008
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    Napganistan
    The homeowner/renter should be smiling all the way to the bank, because she's gonna get PAID. In the US, there are only 3 ways to enter a house, warrant, permission, exigent circumstance (medical emergency usually, fresh pursuit could fall under this as well, you foot chase someone through the front door). That's it!!! So much as pushing your hand across the plain of an open door in entering. That Deputy was clearly inside the residence. If he was there ONLY for a noise complaint (for argument's sake we will say there were no other factors involved) then he had no right to be inside and any arrest that stemmed from that would be unlawful. This is an area of the law you need to know inside and out. When in doubt, err on the side of "can't go in, get a warrant". We HAMMER that into the brains of our officers and the policies on how we do business. So much so, even crime scenes, Detectives will get a warrant to collect evidence that is in plain view, even if they have permission. It's always better to use restraint.
     

    Denny347

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    21   0   0
    Mar 18, 2008
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    Napganistan
    General sarcastic statement, not all inclusive
    There are certainly areas in Use of Force and other day to day functions where there is a lot of gray area and our resident LEOs (myself included) could possibly justify (or at least not demonize) an officer's actions. At least not until more information was presented. This is a different matter. Again, the caveat being no further details to be known, case law is quite clear and this Deputy was 100% in the wrong. So wrong that if this happened here in Indy, we'd see him catch charges.
     

    racegunz

    Sharpshooter
    Rating - 100%
    6   0   0
    May 6, 2015
    655
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    Indiana
    Better check again skippy.
    There are certainly areas in Use of Force and other day to day functions where there is a lot of gray area and our resident LEOs (myself included) could possibly justify (or at least not demonize) an officer's actions. At least not until more information was presented. This is a different matter. Again, the caveat being no further details to be known, case law is quite clear and this Deputy was 100% in the wrong. So wrong that if this happened here in Indy, we'd see him catch charges.
    Nice to know, in past threads on here such reasoning from leos was not forthcoming.
     

    drillsgt

    Grandmaster
    Rating - 100%
    108   0   0
    Nov 29, 2009
    9,790
    149
    Sioux Falls, SD
    The homeowner/renter should be smiling all the way to the bank, because she's gonna get PAID. In the US, there are only 3 ways to enter a house, warrant, permission, exigent circumstance (medical emergency usually, fresh pursuit could fall under this as well, you foot chase someone through the front door). That's it!!! So much as pushing your hand across the plain of an open door in entering. That Deputy was clearly inside the residence. If he was there ONLY for a noise complaint (for argument's sake we will say there were no other factors involved) then he had no right to be inside and any arrest that stemmed from that would be unlawful. This is an area of the law you need to know inside and out. When in doubt, err on the side of "can't go in, get a warrant". We HAMMER that into the brains of our officers and the policies on how we do business. So much so, even crime scenes, Detectives will get a warrant to collect evidence that is in plain view, even if they have permission. It's always better to use restraint.
    Thanks for the post, so in an instance like this does that arrest stay on a persons record or since it was bogus does it get scrubbed?
     

    Route 45

    Grandmaster
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    95   0   0
    Dec 5, 2015
    16,604
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    Indy
    So wrong that if this happened here in Indy, we'd see him catch charges.
    In Indiana, he might just catch lead.

    Indiana Castle Doctrine and Police

    The laws crafted using the Castle Doctrine in Indiana provide that a person is justified in using reasonable force against a public servant in certain situations. As outlined in Indiana Code 35-41-3-2(j), reasonable force against a public servant is permitted if the person reasonable believes that force is necessary to:

    • protect the person or a third person from what they reasonably believe is the imminent use of unlawful force
    • prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle
    • prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession or the possession of the person’s immediate family
    For the purposes of this law, a public servant can be understood to be a “federal enforcement officer,” as defined in Indiana Code 35-31.5-2-129 or “law enforcement officer” as defined in Indiana Code 35-31.5-2-185.

     

    Denny347

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    21   0   0
    Mar 18, 2008
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    Napganistan
    I prefer “ back the blue till it happens to you”
    Many of us cringe at the "Back the Blue" just as much as we cringe for ACAB or similar. We don't want to be demonized NOR sainted. You know what we want? A fair shake, a reasonable inquiry. We don't want haters nor fanboys. LEO are just men/women who do a job and are subject to the same human failings as the rest.
     

    racegunz

    Sharpshooter
    Rating - 100%
    6   0   0
    May 6, 2015
    655
    63
    Indiana
    In Indiana, he might just catch lead.

    Indiana Castle Doctrine and Police

    The laws crafted using the Castle Doctrine in Indiana provide that a person is justified in using reasonable force against a public servant in certain situations. As outlined in Indiana Code 35-41-3-2(j), reasonable force against a public servant is permitted if the person reasonable believes that force is necessary to:

    • protect the person or a third person from what they reasonably believe is the imminent use of unlawful force
    • prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle
    • prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession or the possession of the person’s immediate family
    For the purposes of this law, a public servant can be understood to be a “federal enforcement officer,” as defined in Indiana Code 35-31.5-2-129 or “law enforcement officer” as defined in Indiana Code 35-31.5-2-185.

    Almost guaranteed not to happen, if so I seriously doubt favorable outcome for the civilian. Curious if this has played out since passage.
     

    racegunz

    Sharpshooter
    Rating - 100%
    6   0   0
    May 6, 2015
    655
    63
    Indiana
    Many of us cringe at the "Back the Blue" just as much as we cringe for ACAB or similar. We don't want to be demonized NOR sainted. You know what we want? A fair shake, a reasonable inquiry. We don't want haters nor fanboys. LEO are just men/women who do a job and are subject to the same human failings as the rest.
    Sounds reasonable, but I don’t agree with the premise of the request. It’s more than a “job” it comes with responsibilities that echo through society itself. Right now my opinion is leo’s deserve the hate. If I had went that route in my life I would’ve got out long ago.
     

    bobzilla

    Mod in training (in my own mind)
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    2   0   0
    Nov 1, 2010
    9,472
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    Brownswhitanon.
    Sounds reasonable, but I don’t agree with the premise of the request. It’s more than a “job” it comes with responsibilities that echo through society itself. Right now my opinion is leo’s deserve the hate. If I had went that route in my life I would’ve got out long ago.
    All gun owners deserve the hate.
    All Christians deserve the hate.
    All [insert trendy thing] deserve the hate.

    Absolutes have no bearing on reality. There are bad people/things everywhere. The more time you focus on hating everything, the less time you enjoy things.
     

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