Indiana Governor Signs Bill Allowing Citizens To Use Deadly Force Against Police

[Ares]

Republican Governor Mitch Daniels has signed Senate Enrolled Act 1 into law in Indiana. The new law allows citizens to use deadly force against police officers they think are illegally entering their homes. Earlier this month, Addicting Info reported that the bill had passed the Senate. Republicans say the bill is designed to keep police safe, but Democrats say the bill will lead to the wanton killing of police officers.

Rep. Craig Fry, a Democrat, says 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.”

Fry’s colleague, Democratic Rep. Linda Lawson, a former police captain, says the bill would create an “open season on law enforcement,” and it is opposed by “1,250 state police officers and 14,000 men and women in blue, brown and green.”


The new law reverses a state Supreme Court ruling that homeowners do not have the right to use force against law enforcement officials who they believe are illegally entering their homes. According to the Evansville Courier Press, an Evansville resident fought a police officer who followed him into his house during a domestic dispute call. “The state Supreme Court found that officers sometimes enter homes without warrants for reasons protected by the law, such as pursuing suspects or preventing the destruction of evidence. In these situations, we find it unwise to allow a homeowner to adjudge the legality of police conduct in the heat of the moment,” the court said. “As we decline to recognize a right to resist unlawful police entry into a home, we decline to recognize a right to batter a police officer as a part of that resistance.”

While announcing his decision to sign the bill into law, Governor Daniels tried to claim that the law doesn’t declare an open season on police officers.

“Today is an important day to say: Indiana’s outstanding law enforcement officers put their lives on the line every day to protect all Hoosiers. The right thing to do is cooperate with them in every way possible. This law is not an invitation to use violence or force against law enforcement officers. In fact, it restricts when an individual can use force, specifically deadly force, on an officer, so don’t try anything. Chances are overwhelming you will be breaking the law and wind up in far worse trouble as a result.”

But Governor Daniels is merely attempting to put political spin on a bad bill. Indeed, Daniels admits that he nearly vetoed it precisely because the bill could be grossly misinterpreted and could lead to killings of police and citizens. This law is basically a loophole for citizens to kill police officers and claim self-defense. There are many people out there who think no police officers have the right to enter homes or property, even if there is a warrant.

As the state Supreme Court said, sometimes police officers have to enter homes to prevent the destruction of evidence or to prevent someone from grabbing a weapon in their home to use against police or someone else. Sometimes police must pursue suspects in their homes. But this bill reverses that ruling and gives those suspects the legal authority to slay police officers. It’s the equivalent of Florida’s ‘Stand Your Ground’ law that led to the killing of Trayvon Martin. In that incident, George Zimmerman believed he had the legal right to gun down a kid for walking through the neighborhood simply for being a young African American male strolling around the community at night. Zimmerman, believing the innocent boy to be a threat, followed him and then shot him to death. Because of the Florida law, Zimmerman remains a free man because he can claim self-defense. This Indiana law will allow people to do the same thing to police officers on their property and in their homes. It makes the already dangerous job of law enforcement even more dangerous and will ultimately lead to the legal murder of police officers who are just trying to do their job.

http://www.addictinginfo.org/2012/03/23/indiana-governor-signs-bill-allowing-citizens-to-use-deadly-force-against-police-officers-into-law/

[Heimdhal]

I bet we either see a drastic increase in care and caution taken when serving warrants and conuducting "raids" or we see an overly heavy hand of armored vehicles plowing through homes and running over its inhabbitants to look for a few grams of weed.

[Ares]

I bet we either see a drastic increase in care and caution taken when serving warrants and conuducting "raids" or we see an overly heavy hand of armored vehicles plowing through homes and running over its inhabbitants to look for a few grams of weed.

Being in Indiana, and living next to a couple police officers. I'm betting the former. They voiced their concern about this bill. To which I kindly reminded them, that a mans home is his castle. You either respect it, or you declare war against him. The choice is yours.

[willie pete]

how many homes every year are illegally enter by swat teams that turn out to be the WRONG homes? ....and lots of time innocent homeowners and Animals are hurt and murdered

[BabushkaLady]

Amazing that they "made a law" to allow something so basic as defending your own home from an intruder.

They are playing the partisan game while they should be repealing the stupid laws already on the books. It's all just a game to the politicians.

[SWRichmond]

Rep. Craig Fry, a Democrat, says 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.”

People won't die if they don't force their way into other people's homes. Now, the issue becomes clear, and, more importantly, inherently non-violent (much to the dismay of the Sado-Masochists among the police): "Do you have a warrant? If so, pass it and your identification through the slot and let me examine them. If I believe they are legitimate, I will telephone my attorney and then you may enter."

[Neuro]

It is interesting that the police think they should have the right to ILLEGALLY enter another persons house...

[palani]

It is interesting that the police think they should have the right to ILLEGALLY enter another persons house...
The key is not to pull out a handgun and noodle them. This is only a temporary remedy because it is cancelled when you get yourself noodled moments (or hours) later.

The State of North Carolina gave the key to remedy when it told its' police officers they had best think about putting their assets in anothers name. You take away coppiceman motivation to commit crimes by legally taking everything they have in their name. To use this remedy you have to know how to go about it ahead of time, you have to assert your rights timely and you have to be prepared to take a few hits in the process.

[solid]

It is interesting that the police think they should have the right to ILLEGALLY enter another persons house...

There are cases of exigent circumstances that are not addressed with this bill. One officer I knew heard a woman being raped. He rushed into the home, and caught the guy. It's legal to override 4th amendment rights in emergency situations.

I did the same in a similar situation. Entered a home in an emergency. The guy had a baseball bat, and I didn't see him hiding. It's not a nice thought for me to think it would have been legal for him to kill me.

I agree that a man's home is his castle, and anyone entering without permission is a threat. The downside of this bill is that LE is going to have to really think twice about trying to stop crimes in progress. It's dangerous as it is already. You may be on your own inside your home. The police can surround the home perhaps, catch the crook after the dust settles I suppose.

[Neuro]

I did the same in a similar situation. Entered a home in an emergency. The guy had a baseball bat, and I didn't see him hiding. It's not a nice thought for me to think it would have been legal for him to kill me.

Interesting... What was the emergency?

Anyway it is not a nice thought for anyone to come face with someone who may legally have the right to kill you... But you can avoid that by staying within the law...

I don't have any problem with Police entering legally a private property...

[Hermie]

"The downside of this bill is that LE is going to have to really think twice about trying to stop crimes in progress."

It seems that 'stopping crimes in progress' does not happen that often.
Usually it is either preventing a crime, (by arresting and removing criminals) or taking a report
of a crime after the fact.

I don't know how anyone can argue that police should be allowed to illegally enter someone's home.
That is as un-American in spirit as anything can be.

[solid]

Interesting... What was the emergency?.

I heard a woman making these horrible sounds, I thought she was dying, so I entered the home. The woman's husband was standing behind the door in the corner holding a baseball bat. The woman was not hurt, just terrified. She said in the statement, they got into an argument, he trashed the apartment with the bat. He saw us pull up outside, and said he was going to kill the first cop that came through the door. That first cop was me, glad he didn't do it!

[iOWNme]

It's legal to override 4th amendment rights in emergency situations.

What is the larger threat to man, cowardly criminals in the streets or a massive authoritarian power structure called 'Government'?

Its not your job to 'stop crime'. And your NEVER going to be able to stop it. Your job was to SECURE the Rights of man to protect himself from criminals. After a year of these posts by you, you still dont get it.

Does Goverment make the grass grow?


This Bill is BULLSHIT. Does this Bill claim to override the 2nd Amendment? This is nothing more than Traitors in cheap suits trying to 'act' like they are for individual freedom. Why don't they make it ILLEGAL to prosecute people who kill intruders?

See the difference?

[solid]

Its not your job to 'stop crime'. And your NEVER going to be able to stop it. Your job was to SECURE the Rights of man to protect himself from criminals. After a year of these posts by you, you still dont get it.

The job is both Sui, rarely do you get the chance to stop a crime in progress, but it does happen. I'll be honest, that part was very rewarding. You have to understand the general public. A lot of folks are actually thankful when cops show up to help when they are actually needed.

Afterall, LE is 95% boredom following 5% of sheer terror. You try taking a bunch of BS reports all day long!

[Neuro]

I heard a woman making these horrible sounds, I thought she was dying, so I entered the home. The woman's husband was standing behind the door in the corner holding a baseball bat. The woman was not hurt, just terrified. She said in the statement, they got into an argument, he trashed the apartment with the bat. He saw us pull up outside, and said he was going to kill the first cop that came through the door. That first cop was me, glad he didn't do it!
I doubt he cared about it at the moment whether it was legal or illegal to attack you... I don't think it is very likely he would have walked away free with this law in effect had he attacked you... However if you had broken into someone you didn't like and planted evidence of a crime in his house, the house owner could have opened fire, killed you, and not held responsible, because he acted in self defense...

[solid]

However if you had broken into someone you didn't like and planted evidence of a crime in his house, the house owner could have opened fire, killed you, and not held responsible, because he acted in self defense...

Good point. There's other gray areas though, for example, say a cop sees a burglar break into a home. The cop then enters the home to catch the burglar. The homeowner shoots the cop thinking it's an unlawful entry and this bill would protect his rights. Maybe it was unlawful. The only other alternative is to surround the home so the burglar can't escape. Someone's got to go in there to get him though.

My only point is that there are situations where this makes LE more difficult and more dangerous. Your average citizen is more of a sheep, not prepared to defend themselves like folks are on this forum.

[BrewTech]

Good point. There's other gray areas though, for example, say a cop sees a burglar break into a home. The cop then enters the home to catch the burglar. The homeowner shoots the cop thinking it's an unlawful entry and this bill would protect his rights. Maybe it was unlawful. The only other alternative is to surround the home so the burglar can't escape. Someone's got to go in there to get him though.

My only point is that there are situations where this makes LE more difficult and more dangerous. Your average citizen is more of a sheep, not prepared to defend themselves like folks are on this forum.

If the homeowner was armed, let him do what he was prepared to do, which was shoot the intruder. You get in the way of an armed man protecting his home, you just might get shot.


Your average citizen is more of a sheep, not prepared to defend themselves like folks are on this forum

More people would be armed if the state didn't criminalize (or at least strongly discourage) such practice.

[palani]

If the homeowner was armed, let him do what he was prepared to do, which was shoot the intruder.

The corruption of the English language is enough to make one weep. Chances are you have never stumbled upon an intruder in your lifetime:


INTRUDER. One who, on the death of the ancestor, enters on the land, unlawfully, before the heir can enter.

[solid]

The corruption of the English language is enough to make one weep. Chances are you have never stumbled upon an intruder in your lifetime:

intruder [ɪnˈtruːdə]n a person who enters a building, grounds, etc., without permission

[palani]

intruder [ɪnˈtruːdə]n a person who enters a building, grounds, etc., without permission

A corporation can be a person. They must enter a building or grounds through other methods than windows or doors. though.

[osoab]

Amazing that they "made a law" to allow something so basic as defending your own home from an intruder.

They are playing the partisan game while they should be repealing the stupid laws already on the books. It's all just a game to the politicians.


These threads are releavant to the whole conversation.
These took place in mid May last year.

(http://gold-silver.us/forum/showthread.php?48962-IN-Sheriff-If-We-Need-to-Conduct-RANDOM-HOUSE-to-HOUSE-Searches-We-Will&highlight=indiana+court) IN Sheriff: If We Need to Conduct RANDOM HOUSE to HOUSE Searches We Will (http://gold-silver.us/forum/showthread.php?48962-IN-Sheriff-If-We-Need-to-Conduct-RANDOM-HOUSE-to-HOUSE-Searches-We-Will&highlight=indiana+court)

Supreme Court gives police a new entryway into homes (http://gold-silver.us/forum/showthread.php?48914-Supreme-Court-gives-police-a-new-entryway-into-homes&highlight=indiana+court)

Patriots ready for war in Indiana (http://gold-silver.us/forum/showthread.php?49001-Patriots-ready-for-war-in-Indiana&highlight=indiana+court)


Court: No right to resist illegal cop entry into home (http://gold-silver.us/forum/showthread.php?48791-Court-No-right-to-resist-illegal-cop-entry-into-home&highlight=indiana+court)

[Neuro]

These threads are releavant to the whole conversation.
These took place in mid May last year.

(http://gold-silver.us/forum/showthread.php?48962-IN-Sheriff-If-We-Need-to-Conduct-RANDOM-HOUSE-to-HOUSE-Searches-We-Will&highlight=indiana+court) IN Sheriff: If We Need to Conduct RANDOM HOUSE to HOUSE Searches We Will (http://gold-silver.us/forum/showthread.php?48962-IN-Sheriff-If-We-Need-to-Conduct-RANDOM-HOUSE-to-HOUSE-Searches-We-Will&highlight=indiana+court)

Supreme Court gives police a new entryway into homes (http://gold-silver.us/forum/showthread.php?48914-Supreme-Court-gives-police-a-new-entryway-into-homes&highlight=indiana+court)

Patriots ready for war in Indiana (http://gold-silver.us/forum/showthread.php?49001-Patriots-ready-for-war-in-Indiana&highlight=indiana+court)

Court: No right to resist illegal cop entry into home (http://gold-silver.us/forum/showthread.php?48791-Court-No-right-to-resist-illegal-cop-entry-into-home&highlight=indiana+court)

Yes context is very important, when you have the police state that they have the right to go into every house they want to, it is time the legislators say that home owners are allowed to protect themselves from that...