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Thread: Indiana House approves bill covering police entering homes.

  1. #1
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    Indiana House approves bill covering police entering homes.

    Mods, please feel free to lock this thread the second it becomes an "Us Vs. Them" thread.

    INDIANAPOLIS — Hoosiers could legally defend themselves against police officers who enter their home under a measure that the Indiana House approved on a 74-24 vote, moving it another step toward becoming law, on Thursday.
    http://www.courierpress.com/news/201...police-enteri/

    Hoosiers, help me out here. The way I read this, pretty much anybody who disputes the legality of police entering their home could open fire on officers. Folks who do not understand (or agree with) probable cause or Citizens who may mistake an officer’s intent could challenge officers with a gun?

    In 15 years on the job, I am hard pressed to remember a bad guy who actually thought I should be inside his/her home. Yes, I know- there have been and are bad cops out there unfortunately.

    Just this week I was investigating a report of a male "casing" homes in an area experiencing a high amount of burglaries ("prowler"). I followed foot prints along the side of a house and into a backyard of what appeared to be an unoccupied home. The MO of the burglars had been to kick in back doors to gain entry into the home. Once in the back yard I was greeted by a resident that was beyond pissed that I was "snooping" in his yard, to the point I believe many younger officers may have drew a Taser or handgun on the guy.

    Luckily, I was able to talk him out and explain what led me to his yard. Once he calmed down, it was determined it was the man’s brother, who had locked his key inside the house, looking for a way in. We then actually had a lengthy conversation about his rights, crime and-yes, guns. I left with a hand shake and he told me he had a new respect for his local PD, and that I am always welcome to watch his property. I still don't know why he was so defensive initially.

    With the way this article reads, (assuming I was in IN) that same guy could have came out and opened fire on me. From his initial perspective, I did not have the right to be there.

    I am all for “Stand Your Ground” and “Castle Doctrine”. Indiana Code Section “35-41-3-2 (b) A person: (1) is justified in using reasonable force, including deadly force, against another person; and (2) does not have a duty to retreat; if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling”...Which is very similar to my state. I am also for citizens suing officers/departments who knowingly and legitimately violate people’s rights.

    So I ask, is this article just written with a liberal slant? Do folks here believe this is good legislation? I am curious to hear others input on this.


    Rep. Craig Fry, D-South Bend, said the bill “is going to cause people to die.”

    “And it’s too late after somebody dies for a jury to sort it out. Somebody’s going to die, whether it’s a police officer or an individual who thinks a police officer is entering their home unlawfully. People are going to die,” he said.
    Again, I do not want this becoming a LEO debate.

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    There has been a lot of debate on this. The law as it was approved does not cover you if you resist while committing a crime. Only if the officers actions are unlawful or unjustified.

    It is important to understand the reason behind this. The Indiana Supreme court recently ruled that you are not allowed to resist the police under the current law even if they themselves are acting illegally. It is a ruling that shook the state. The Attorney general himself was telling police and citizens to ignore the ruling.

    The way the ruling read the police could literally do anything to anyone and get away with it.

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    Sadly, I see this type of issue turning into a "watching the guy drown" type of situation.

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    This is not a open season on cops law, this is a right to resist unlawful entry, even against police. Cops bust into your house but dont announce who they are, how are you to know who is in your house. Law Abiding Citizens aren't going to go blasting every cop they see in their yard or house and it's not gonna change anything with criminals who would kill a cop anyways.

    This all came about from a bullshit ruling by the Indiana Supreme Court that says you have no right to resist an unlawful, illegal entry into your home by cops. You have to let them arrest you, illegally, seize your legally owned possessions then fight it out later in court.

    WRONG. This just solidifies what the 4th Amendment says, since it seems the Justice Dept has shit on the Bill of Rights and Constitution
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    Quote Originally Posted by jwfuhrman View Post
    This is not a open season on cops law, this is a right to resist unlawful entry, even against police. Cops bust into your house but dont announce who they are, how are you to know who is in your house. Law Abiding Citizens aren't going to go blasting every cop they see in their yard or house and it's not gonna change anything with criminals who would kill a cop anyways.

    This all came about from a bullshit ruling by the Indiana Supreme Court that says you have no right to resist an unlawful, illegal entry into your home by cops. You have to let them arrest you, illegally, seize your legally owned possessions then fight it out later in court.

    WRONG. This just solidifies what the 4th Amendment says, since it seems the Justice Dept has shit on the Bill of Rights and Constitution
    While the bold section may seem wrong, it has to be done this way. Settling things in a gunfight when they could be solved peacefully through court is unacceptable.

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    wrong. you enter my house, illegally, i dont care who you are.
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    Quote Originally Posted by jwfuhrman View Post
    wrong. you enter my house, illegally, i dont care who you are.
    In the very off chance you are actually in the wrong, someone is dead...?

    Seems acceptable to you?

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    Quote Originally Posted by Voodoo_Man View Post
    While the bold section may seem wrong, it has to be done this way. Settling things in a gunfight when they could be solved peacefully through court is unacceptable.
    It is 3AM. You, like me are not a criminal and you know it. Your hear a loud crash and somebody shouting they are police enter your home. What are you going to do?
    A: Hope that they really are police hitting the wrong house and lay down while your dog is shot and your family terrified.

    B: Grab your HG/Carbine and clear the house for threats while securing your family?

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    Quote Originally Posted by kwelz View Post
    It is 3AM. You, like me are not a criminal and you know it. Your hear a loud crash and somebody shouting they are police enter your home. What are you going to do?
    A: Hope that they really are police hitting the wrong house and lay down while your dog is shot and your family terrified.

    B: Grab your HG/Carbine and clear the house for threats while securing your family?
    C: Call 911 and have them verify they are actually police officers entering my home while taking a firing position.

    Killing LEO's should not be on anyone's "might have to" list.

  10. #10
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    Also here is a story about one of the rulings that set all this in motion.
    http://www.nwitimes.com/news/local/g...3df229697.html

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