Putting this here instead of in the Indiana-specific area because of the implications for seeking to have similar changes to Castle Doctrine interpretation legislated in other states.
http://www.in.gov/judiciary/opinions/pdf/03111501ewn.pdf
Off-duty constable was "in the performance of his duties" when he unlawfully entered the defendant's dwelling.
Perhaps Constable Webb missed the memo about how the Indiana legislature changed the law so now Castle Doctrine protection includes unlawful intrusion by a public servant. Would have thought that would have been a major roll-call briefing discussion point for quite some time.
Additionally, I am very happy that the Court of Appeals holds that the Legislature "said what it meant and meant what it said." Those "findings" clauses sure do help make things clearer as well as hold back activist judicial interpretation.
It would be nice to find out Mr. Cupello can recover his costs and expenses.
stay safe.
http://www.in.gov/judiciary/opinions/pdf/03111501ewn.pdf
Off-duty constable was "in the performance of his duties" when he unlawfully entered the defendant's dwelling.
Perhaps Constable Webb missed the memo about how the Indiana legislature changed the law so now Castle Doctrine protection includes unlawful intrusion by a public servant. Would have thought that would have been a major roll-call briefing discussion point for quite some time.
Additionally, I am very happy that the Court of Appeals holds that the Legislature "said what it meant and meant what it said." Those "findings" clauses sure do help make things clearer as well as hold back activist judicial interpretation.
It would be nice to find out Mr. Cupello can recover his costs and expenses.
stay safe.