What can the cops legally do?

[GBuck]

Do I like that situation? No, but you have to be realistic. You shoot a cop in your home, and no matter what, you're doing time.

This is part of what I find so troubling about the law in Indiana. You have no right to resist, even if it is an unlawful entry. Some of you may recall the story about the FBI going into the wrong house using a CHAINSAW. Now, I don't know about you, but unless they stated very clearly "police, coming in" or something along those lines, you can pretty much bet that anyone stupid enough to come into my house using a chainsaw is stupid enough to get shot. I mean seriously, what idiot thinks going in with a chainsaw is a good idea.

BUT under the current law I would be in HUGE trouble. It's pretty dang ridiculous. If it were a criminal coming through my door with a chainsaw I would be a hero for taking such a violent offender off of the streets. (This would never happen, even criminals are smarter than to come through a door with a chainsaw)

 

[VidGuy]

Just to clarify, my comments are assuming that you KNOW it is the police.

If you don't know, then all bets are off.

That's the troubling part. Anybody can barge in and say "POLICE!" and if they're wearing police-style gear, you could be fooled into thinking they're legit.

Tough call either way.

 

[thebishopp]

Found it!

Could always say they were regulating "pedestrian traffic" - let's face it, technically, you are a "pedestrian", and if you are moving about you are "traffic"

 

[lashicoN]

This is part of what I find so troubling about the law in Indiana. You have no right to resist, even if it is an unlawful entry.

This is only true if you believe your rights are issued and revoked by the government. You're a human being. You were born with the right to protect your life, by any means necessary. You absolutely have the right to resist unlawful entry, the government just doesn't recognize it.

 

[WC Deer Hunter]

This is only true if you believe your rights are issued and revoked by the government. You're a human being. You were born with the right to protect your life, by any means necessary. You absolutely have the right to resist unlawful entry, the government just doesn't recognize it.

While I think most of us here would agree with you, those rights aren't much good if your killed by police raid on your domain ( lawful or not ). Dead is dead and you can bet that if it truly is the police and you fire on them ( be it a legal entrance to your home or not ) you and anyone else in your home will not come out alive guaranteed. That my friend is the disturbing part of the whole thing.

 

[Compatriot G]

What the police are legally allowed to do, and what they can do are two different animals.

They legally are not allowed to enter your home without either a warrant or a reasonable suspicion that illegal activity is occurring at that moment within your home.

They may choose to ignore the law, and enter anyway. This is where it gets tricky for you. Even if it were not the law, I would not recommend resisting against police, because you will either end up hurt, dead, or in an enormous legal jam. Sure, you would be in the right, but at that point, it doesn't matter if you're right or not. The important thing is to prevent the situation from escalating into you or your family getting killed.

Once the smoke clears, and everyone is out of harm's way, THEN you can get a lawyer and sue the crap out of the PD.

Do I like that situation? No, but you have to be realistic. You shoot a cop in your home, and no matter what, you're doing time.

We had an incident that occurred in New Castle around 1980. A detective kicked the door in at a house. The homeowner called 911 and said somebody is breaking in. He saw a person with a revolver in his house. He shot and killed the detective with a .22 cal. rifle. He was found not guilty at trial. The 911 tape is what saved him. On the tape, you could hear the detective kicking in the door. At no time did he ever announce himself as a police officer. So, it is possible that you won't do time.

There were a lot of rumors floating around as to what was really going on with this situation. If I remember correctly, the detectives didn't have a warrant and where in plain clothes. There were claims of "drugs" in the house. The one rumor that came up the most was that the homeowner was having an affair with the detective's wife and the detective went to the house to "talk" with him about the affair.

 

[fullmetaljesus]

This is part of what I find so troubling about the law in Indiana. You have no right to resist, even if it is an unlawful entry. Some of you may recall the story about the FBI going into the wrong house using a CHAINSAW. Now, I don't know about you, but unless they stated very clearly "police, coming in" or something along those lines, you can pretty much bet that anyone stupid enough to come into my house using a chainsaw is stupid enough to get shot. I mean seriously, what idiot thinks going in with a chainsaw is a good idea.

BUT under the current law I would be in HUGE trouble. It's pretty dang ridiculous. If it were a criminal coming through my door with a chainsaw I would be a hero for taking such a violent offender off of the streets. (This would never happen, even criminals are smarter than to come through a door with a chainsaw)

this pisses me off and scares me to the same extent. Some one come tearing into my house, Im going to open fire. Obviously if they yell, "police! let us in!" or "FBI we have a warrant" or some crap obviously I would lower my gun until i believe it was who announced themselves and not shoot. But if kick in the door and barge in I may start shooting, I hit a cop or a fed and now im in jail for ever because they made a mistake.

 

[WC Deer Hunter]

this pisses me off and scares me to the same extent. Some one come tearing into my house, Im going to open fire. Obviously if they yell, "police! let us in!" or "FBI we have a warrant" or some crap obviously I would lower my gun until i believe it was who announced themselves and not shoot. But if kick in the door and barge in I may start shooting, I hit a cop or a fed and now im in jail for ever because they made a mistake.

Or worse yet dead!