<Name Redacted>,
I received your e-mail expressing your serious concerns with the Indiana Supreme Court's recent ruling on Barnes vs State of Indiana. This ruling has reverberated around the state with its perceived threat to the Fourth Amendment.
I too share your concerns, and anticipate many bills being filed for the 2012 Session to try to address and preserve this portion of the U.S. Constitution. Senator Mike Young (R) Indianapolis is crafting legislation to clarify Indiana's self-defense law. I have asked to join him on this legislation.
Justice Robert Rucker's response to the decision expressed the serious concerns of Hoosiers by stating, "In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally - that is, without the necessity of a warrant, consent or exigent circumstances". I too share Justice Rucker's thoughts on this recent decision, and at the same time I want to support and protect our law enforcement. I wholeheartedly believe there is a way to do both.
Again, I do anticipate legislation being filed by several legislators to address this, and I look forward to thedebate and resolution of this situation.
Sincerely,
Senator Connie Lawson
Majority Floor Leader
Thanks for the link. I signed it yesterday and received the automated responses.
Today I received the following.
Dear Terry:
The decision of the Indiana Supreme Court should cause every citizen to be extremely concerned. As you correctly pointed out, the decision is a direct invasion of our homes as well as an attack on our Fourth Amendment rights to be free from unlawful searches. The Court could have reached the decision that the police were acting correctly when they entered this particular home, because (a) the police had been called to a domestic dispute (a crime in process) which could be a felony if it involved bodily injury, and (b) that there were exigent circumstances (that an emergency existed because there was an immediate danger to the individual who was inside the residence). The Court clearly went far beyond the recognized exceptions to the Constitutional requirements of a warrant and the rights of the people to free from unlawful searches. I do not believe that this decision will stand on appeal to the United States Supreme Court, and I believe that the State of Indiana through its Attorney General will appeal this decision immediately. In addition, the three judges who voted in favor of this opinion--Justices David, Shepard and Sullivan--will have their names on the ballot in upcoming elections where the voters can decide whether to retain them (keep them in office) or not to retain them. I believe that Justice David, the writer of this opinion, may be on the ballot in 2012.
As a citizen and legislator, I strongly disagree with the decision of the Court, and I believe that the legislature will take action in the next session to protect its citizens. This decision will not lessen violence--it will foster greater resistance by law abiding persons who only wish to be free from such invasions, and may result in police officers being severely injured and/or killed if they implement the Court's decision without regard to the Bill of Rights.
Sincerely,
Senator Jim Smith