No right to resist entry by LEOs

[WWIIIDefender]

There is one good thing about this law if you think about it.

Now cops can bust into the home of the 3 judges and arrest them for oh I don't know conspiracy against the republic of Indiana or domestic terrorism against its people. There has to be some law in this draconian law world they have violated.

 

[Kutnupe14]

Sounds like a pre-nazi era to me. What is it going to take for folks to wake up? THIS should be your last straw. THIS should wake you up to what they are doing. We should be organizing against this RIGHT NOW! This is an open attack on all of us in this forum. I am fiercely angered over this communist garbage and I'm not standing for it. Who is with me?

Calm down William Wallace, the English haven't killed your wife yet....

 

[Denny347]

Sounds like a pre-nazi era to me. What is it going to take for folks to wake up? THIS should be your last straw. THIS should wake you up to what they are doing. We should be organizing against this RIGHT NOW! This is an open attack on all of us in this forum. I am fiercely angered over this communist garbage and I'm not standing for it. Who is with me?

Calm down William Wallace, the English haven't killed your wife yet....

 

[CVMA544]

Hopefully the case will goto the US Supreme Court and be overturned, but I ain't holding my breath.

As my wife was livid about it when I told her I guess she won't mind if I live by my tag line.

 

[Defensive Shooting Concepts]

95% of all the people in Indiana or the rest of the US say that when they are arrested they did not do it. So apparently the police have been unlawfully arresting people for hundreds of years why are we just starting to worry about it today?

 

[Lead Head]

Protect and Serve ? Who are they protecting and serving ?????

This may be one of the most important State issues that will change the relationship between law enforcement and citizen, forever.

Or should I say, "government enforcer and civilian" ??????

I was listening to WOWO 1190 AM today when this topic was brought up and could not believe what I was hearing. It sounded more like stories from Nazi Germany, not good 'ol Indiana.

If the facts are correct and I believe they are, it may the turning point (or point of no return) for a full blown police state.

Now a rational mind would say "but it would never happen to me". Ok..if you say so.

For example, some of us carry a gun in our own home for self-defense or at least have them handy and loaded with one in the chamber. As an active law abiding shooter, why and the hell would I not also practice carrying in my own home ? Shoot at the range and then lock it away ? It defeats the purpose in my opinion. For those with young children or spazzed out spouse, I understand home carry may not work.

My point is simple - I know who comes and goes from my home. What they look like, what they wear and when they are coming and going. I know better than to shoot blind but if someone is not recognized within a blink of the eye AND they are intruding AND they have a sidearm AND are dressed in a dark para-military uniform, what in the hell do you think is going to happen ?

The world is tense right now and then they just ratchet it up a few more notches. It's dumbassery at a whole new level. Home invasion now may come with a badge so I guess these are just confusing times because it doesn't make any sense.

Oh....and what about that Constitution thingy ? You know, the road map that was carved through blood, sweat and tears to prevent this kind of crap from happening in the first place.

Unfortunately, people get hurt real bad when there is this kind of confusion and I don't believe for a second that a good cop would cross this line. I could be wrong.

1. Don't open your door to the police without proof of a warrant. They are trained to use our honesty and belief that they are here to protect and serve us.

2.Talk to them through the door. It makes me kind of sad to think I can no longer trust the police but this is by their action (or the State/Fed, etc.) and not mine. I'm still hoping Sheriff Andy Taylor will show up and stop all of this madness.

3. The THRESHOLD RULE is something worth researching.

4. There may be something said (after a shooting altercation) of "self defense" by stating: "I was in fear for my life", which would be the ONLY reason to shoot someone in the civilian arena. I'm not an attorney so you do your own research.

5.. If they have a warrant then you are probably in deep doo doo anyway and they are coming in. Don't make it worse and good luck.

A sad day in Indiana........

 

[EvilBlackGun]

We all already have a good perspective, and some of us ...

... know pretty well where it is going to take us. "... you can't legally resist an arrest even if it was unlawful IF the cop "believes" his actions are legally justified even if they truly aren't." Maybe there is under development a way to gather blown-away brain-matter and smegma, into an identifiable thought in a cop's mind as to what he was thinking just BEFORE he thought about breaking into my house. But as it now stands, being back-lit in my next door neighbor's solar yard-lights, anyone trying to cut through my locked screen-door, looks just like Charles Manson to me. I'll testify to that; "better to be judged by twelve..." We need the addresses and phone numbers of the "bad attitude" justices. ANYONE wanting to enter my domicile w/o permission is going to have to cut a screen, or break a pane of glass. As I understand it here, as long as the would-be intruder is OUTSIDE my residence, he is fair game, while breaking in. Izzat true? Looks like some folks need reminded of Lex Talonis like some Tea Party folks did to king george a few decades back.

 

[CVMA544]

Maybe some cops will decide to walk into the justices homes and let them see how they like it.

Not all cops are chomping at the bit to use this.

What now will keep some thugs from pinning on some badges and walking in to help themselves?

So does this change the Indiana Code?

Wouldn't the Supreme Court have to rule IC 35-41-3-2 unconstituional?

 

[trinitrotoluene85]

This is just sickening.

We hold that there is no right to reasonably resist unlawful entry by police officers

Barnes told the officers that they could not enter the apartment and denied Reed‘s requests to enter and investigate... 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.

So let me get this straight, I can deny an officer entry to my home legally... He can then attempt to illegally enter my home and they can taze me for that?

We find it unwise to allow a homeowner to adjudge the legality of police conduct in the heat of the moment. As we decline to recognize a right to resist unlawful police entry into a home, we decline to recognize a right to batter a police officer as a part of that resistance.

What if I find it equally unwise to allow a police officer to adjudge the legality of police conduct in the heat of the moment? If you can CHOOSE to decline to recognize a right, then can I decline to recognize your authority?

We hold that Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.

So it takes committees and rooms full of lawmakers to make laws, but it takes one appeals court to dismiss them?

Because we decline to recognize the right of a homeowner to reasonably resist unlawful entry, Barnes is not entitled to batter Reed, irrespective as to the legality of Reed‘s entry.

So even though it's illegal for Reed to enter Barnes home, Reed will not be arrested and charged with illegal entry, or breaking and entering. And since we're ignoring the fact that Barnes was legally executing his rights to keep someone from illegally entering his home, we get to charge Barnes for battery.

Nine times out of ten, I'm supporting the police, but this is one example of where the officer was just plain wrong (there was no crime occurring in plain sight, and they were not granted legal entry to the home), and the courts simply absolve our rights for whatever believed safety. They can only take our rights if we let them...

 

[Defensive Shooting Concepts]

Just a quick request. Would all of you that have expressed your concerns about the police illegally entering your home please tell us on the thread about your experince. It sounds like so many of you have had this happen I want to educate myself on what not to do so the police won't even come to my house. I am 38 and had several things happen that caused the police to be near or at my home. But not once have any of them forced thier way into my house. As I read through some of you are even planning on how to defeat them when they come including the use of force. What are you hiding? Anyway please tell your stories of how they forced their way in to your home in the past I am looking forward to reading them.

 

[gunman41mag]

INDY is getting to be as B A D as ILL

 

[88GT]

Just a quick request. Would all of you that have expressed your concerns about the police illegally entering your home please tell us on the thread about your experince. It sounds like so many of you have had this happen I want to educate myself on what not to do so the police won't even come to my house. I am 38 and had several things happen that caused the police to be near or at my home. But not once have any of them forced thier way into my house. As I read through some of you are even planning on how to defeat them when they come including the use of force. What are you hiding? Anyway please tell your stories of how they forced their way in to your home in the past I am looking forward to reading them.

So I have to be a victim of something before I can be concerned about what is happening?

What kind of logic is that?

 

[aikidoka]

We find it unwise to allow a homeowner to adjudge the legality of police conduct in the heat of the moment.

Uh, I had a police officer incorrectly adjudge the legality of my open carrying a firearm after he knew I had a LTCH. I guess the court would think that was wise or something.

 

[Hotdoger]

​

David, Justice.


Who would have thunk it? Many a Boone County resident, have been less than impressed with Judge David for quite some time.

 

[henktermaat]

This is bad. It crosses a line, people.

 

[kickbacked]

Can someone clear something up, does this mean that search warrants are no longer needed, and the police can come in for any reason if they want?

 

[gunman41mag]

Can someone clear something up, does this mean that search warrants are no longer needed, and the police can come in for any reason if they want?

That what is what it looks like

 

[henktermaat]

Can someone clear something up, does this mean that search warrants are no longer needed, and the police can come in for any reason if they want?

I think in essense that is true. Legal nitpikers would say that it could be determined later in court that a Leo entry was illegal, but you have zero rights as you door is being broken down.

 

[RockofStrength]

Can someone clear something up, does this mean that search warrants are no longer needed, and the police can come in for any reason if they want?

"We hold that there is no right to reasonably resist
unlawful entry by police officers."

Considering that entering my residence without probable cause would be unlawful...I'm gonna say yes.

I'm merely surprised they didn't go the whole nine yards and add:

"we also hold that these unlawfully entering police officers may, upon illegally entering a place of residence, demand anything they desire as they are, after all, already above the bounds of laws intended specifically to keep them from trampling on our subject's rights. Finally, they are permitted to repeat the 'Hide yo' kids, hide yo' wife' meme in a mocking tone of voice while disrespecting several hundred years worth of common law."

 

[CVMA544]

Just a quick request. Would all of you that have expressed your concerns about the police illegally entering your home please tell us on the thread about your experince. It sounds like so many of you have had this happen I want to educate myself on what not to do so the police won't even come to my house. I am 38 and had several things happen that caused the police to be near or at my home. But not once have any of them forced thier way into my house. As I read through some of you are even planning on how to defeat them when they come including the use of force. What are you hiding? Anyway please tell your stories of how they forced their way in to your home in the past I am looking forward to reading them.

I know the thinking of some police officers, I don't need to site an example of how it is wrong or has been done.

I know some officers are always bending the law, and some out and out think they are exempt and will use it to their advantage in one way or another.

All in all though almost all the officers I know are good people and do the right thing, however the few always make the rest look bad.