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Thread: Indiana Appellate Case on the Right to Resist a Police Officer’s Unlawful Entry

  1. #1
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    Intersting case - discussion andlink at http://volokh.com/2010/04/21/indiana...+Conspiracy%29

    SNIP

    "Indiana law recognizes the right to reasonably resist the unlawful entry of a police officer into a person‟s home." Robinson v. State, 814 N.E.2d 704, 707 (Ind. Ct. App. 2004) (citing Alspach v. State, 755 N.E.2d 209, 211 (Ind. Ct. App. 2001), trans. denied). "[W]here the arrest is attempted by means of a forceful and unlawful entry into a citizen‟s home, such entry represents the use of excessive force and the arrest cannot be considered peaceable. Therefore, a citizen has the right to reasonably resist the unlawful entry." Adkisson v. State, 728 N.E.2d 175,

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    179 (Ind. Ct. App. 2000) (citing Casselman v. State, 472 N.E.2d 1310, 1316 (Ind. Ct. App. 1985)).

  2. #2
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    Mike wrote:
    Intersting case - discussion andlink at http://volokh.com/2010/04/21/indiana...+Conspiracy%29

    SNIP

    "Indiana law recognizes the right to reasonably resist the unlawful entry of a police officer into a person‟s home." Robinson v. State, 814 N.E.2d 704, 707 (Ind. Ct. App. 2004) (citing Alspach v. State, 755 N.E.2d 209, 211 (Ind. Ct. App. 2001), trans. denied). "[W]here the arrest is attempted by means of a forceful and unlawful entry into a citizen‟s home, such entry represents the use of excessive force and the arrest cannot be considered peaceable. Therefore, a citizen has the right to reasonably resist the unlawful entry." Adkisson v. State, 728 N.E.2d 175,

    6

    179 (Ind. Ct. App. 2000) (citing Casselman v. State, 472 N.E.2d 1310, 1316 (Ind. Ct. App. 1985)).
    a citizen has the right to reasonably resist the unlawful entry."

    What does that include may I ask...?

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