This here is some big bad news that seems to be getting no coverage. At least, I didn’t see it anywhere else, I don’t know maybe you did while flipping the channels, but I doubt it. Okay so here goes. In the state of Indiana residents now have the right to use deadly force against police officers that unlawfully enter their homes. Woah. This is the first time in history a state has passed a law specifically giving residents rights to kill a peace officer entering their home.
This of course was in response to an Indiana State Supreme Court ruling that specifically held in Barnes v. State that an individual has no right to reasonably resist by force the unlawful entry into his home by a police officer. The court however did go on to say that “an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.” So, you don’t have to submit to having your home searched or entered without your consent, but if they force their way in, you have no defense, is what that ruling boils down to.
Now, I am not saying the police are corrupt, but if they were to enter illegally into your home, would they not also then manufacture evidence of say hot pursuit, giving them the right to violate your rights in order to bring down the criminal element in society. I mean, these are people trained in force and coercion, given weapons. They know how to handle themselves and just what to say in a given situation, do they not.
This whole thing really has an element of disaster about it. Somewhere someone is going to get shot, legally, illegally, it really doesn’t matter at that point once someone is dead. We all have the right to protect ourselves, especially in our own homes. At the same time, the police need to feel like they are going to be safe when responding to a situation at a residence. Maybe, just maybe there is a better way. I’m not sure off-hand what it is the whole issue is a sticky matter. But make no doubt about it, the police are resting uncomfortably in Indiana these days.