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Indiana Supreme Court: No right to resist illegal cop entry into home

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
How are citizens supposed to know the difference between an (obviously unexpected) illegal entry by police, and a home invasion by people in police garb?

Why, you start shooting, of course.

If they skedaddle, it was criminals in police garb.

If they shoot back, don't skedaddle, and keep shooting at you, then retire to black vehicles in front of your house, its still criminals in police garb. (albeit, real police)

Why make a distinction between common criminals and government criminals? (rhetorical question; I do understand why in this context)
 

ATF Consumer

Regular Member
Joined
Nov 21, 2010
Messages
25
Location
Carnesville, GA
Why, you start shooting, of course.

If they skedaddle, it was criminals in police garb.

If they shoot back, don't skedaddle, and keep shooting at you, then retire to black vehicles in front of your house, its still criminals in police garb. (albeit, real police)

Why make a distinction between common criminals and government criminals? (rhetorical question; I do understand why in this context)

Exactly...your home is your castle and you have a right to protect yourself in it.
 

tim46311

Regular Member
Joined
Feb 6, 2011
Messages
13
Location
NW Indiana
Defending your family and home

Gee your asleep and hear your front door get kicked in and you don't know who it is and you can't resist. This sounds crazy. I guess i will put a wishing well in my front and back yard as yard decorations. Have the sides set to fall outward to expose my home defense. http://www.fnherstal.com/index.php?id=658
 

bobcat

Regular Member
Joined
Aug 19, 2007
Messages
167
Location
Great Lakes, , USA
Since I am outside city limits, maybe I should consider putting some billy goats in the yard around the house? At least they could get a few head butts in on an intruder...even if I supposedly can't. And if they shoot billy, it is just that much more I can sue them for.

This is nuts. Let's hope this gets turned around soon. What is being done:
1) Indiana Senate wrote a scathing letter to the court requesting a rehearing and reversal. Easily done inside 30days.
2) At least two Senators that I know are in talks with Gov Mitch Daniel's office. They are getting an ear, so some pressure through the gov could help.
3) Second Amendment Partiots are involved in multiple discussions and ask that you write *polite* letters to your Indiana Senators, Reps, Gov and the IN Supreme Court. Being nasty doesn't cut it. Be factual and polite.
4) Both the House and Senate are considering Legislative alternatives to nullify this.
5) Various protests are being staged, although I don't think this will get much mileage in getting this changed. Go if you wish and vent, but behave yourself...

The problem also appears to be a recalcitrant Attorney General Zoeller. He thinks the decision was correct, in spite of the US 4A, IN Article I Section 11 and recently passed Castle Doctrine improvement. A letter to him might be useful? Even if he ignores us, he'll know we are out here and pissed. However, I think time is better spent for IN residents to hammer their Senators, Reps and the Gov.

Apparently the Evansville attorney representing Barnes has been offered legal help from across the country, so an appeal to Fed Court appears financially possible, but I wouldn't count on good results, especially if it should go past the 7th Circuit and heard by SCOTUS, the outcome is very doubtful given the recent opinions from SCOTUS. Oh well.

Now is the time to get off the bench and get involved and make your voice heard.
 
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jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound
Profile elevating

I was listening to Hannity this afternoon, and a caller from your end of the world put Hannity on the hot seat. He acknowledged what she was talking about, went on about other rights 1-4 inclusive and promised to do a piece on it next week....

His handler said he'd had it in his folder for the last three days, but he didn't pick up on it till this caller made the case.

We'll see if it gets an additional traction...here's hoping
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
In addition to the home invasions by police,
and the home invasions by people claiming to be police,
we still have people claiming to be police committing crimes elsewhere:

This guy posed as a truancy officer, handcuffed & kidnapped a 14yo girl.
Luckily he was dumb enough to take her to her home & ask for ransom...

This guy hassles young girls, too, showing a fake badge.

We can't trust police to begin with, what with the demonstrated ignorance or indifference to the law too many show (and how do we know whether the person approaching us is 'bad' or not?),
now the people posing as authority figures are getting bolder.
Thanks in no small part to bad rulings like the ILSC gave.

How is the ILSC selected?
If it's an election, those that voted for this ruling will be out.
If they're appointed, put pressure on whoever does the appointing.
 

vermonter

Regular Member
Joined
Oct 5, 2006
Messages
340
Location
, ,
Here in Vermont the trend is in the opposite direction. The way I see it is Democrat control leads to big government and heavy handed police. Republican control in thier effort to throw the book at criminals goes overboard and also tramples rights (partiot act / Bush sound familiar?). Vermont is independent and values freedom above all else including 2A and protection from illegal search and seizure:

Article in Burl Free Press......

Saturday, March 17, 2007

Vermont ruling on car searches at odds with Supreme Court

The Vermont Supreme Court yesterday ruled 3-2 that police need a search warrant to search a car unless there are circumstances such as "when an officer's safety is threatened, or evidence might be destroyed, or a suspect might flee."

Of course, this ruling has little direct impact outside Vermont, but it may provide an example of "See, it's possible to conduct police work without trampling on rights."

Chittenden County State's Attorney T.J. Donovan is the kind of man we need all over the country serving the citizens in that role. Read his reaction to the ruling:

"Vermont has a proud history of protecting one's privacy interest, and this is a profound example of Vermont's uniqueness," he said. "We'll respect the law."
 

Darkshadow62988

Activist Member
Joined
Oct 17, 2010
Messages
238
Location
Iowa
Hearings On Resisting Police Set
Attorney General Greg Zoeller has filed a brief in support of a rehearing in the case and is encouraging the court to uphold the man’s conviction but lessen the scope of the ruling.
About 70 legislators, as well as attorneys for Barnes, also have asked the court to reconsider the case.
...
Lawmakers on Wednesday questioned why there was no mention in the ruling of a 2006 law often called the “castle” or “no retreat” law.

That law states a person is justified in using reasonable force, including deadly force, if they reasonably believe that force is necessary to prevent or terminate the unlawful entry of or attack on their property.

There is no exception in the law for police.
 
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