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Indiana Supreme Court Rejects Claim of Right to Resist Illegal Police Entry into Your Own Home

INDIANAPOLIS

The Indiana Supreme Court has affirmed its controversial ruling that Hoosiers have no right to ever physically resist police entry into their homes.

In a 4-1 decision, the state's high court said Tuesday the common law rule that "a man's home is his castle" cannot be used as a defense if a person is accused of attacking a police officer entering a home in an official capacity.

"Our holding does no more than bring Indiana common law in stride with jurisdictions that value promoting safety in situations where police and homeowners interact," wrote Justice Steven David for the court.

The ruling stemmed from an alleged 2007 Evansville domestic violence incident where Richard Barnes shoved a police officer trying to enter Barnes' home to investigate after Barnes told the officer he couldn't come in.

Barnes claimed the jury in his misdemeanor battery case should have been instructed that Barnes had a lawful right to resist what he considered an illegal police entry into his home.

Read more: http://www.nwitimes.com/news/state-and-regional/indiana/arti...




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So then he should appeal it

So then he should appeal it to federal court. The Elk decision acknowledges some rights of resistance that many would consider extreme, so it could go either way. What would clinch it is if it could be argued the officer was committing a felony, in which case, one not only has authority to resist, one has authority to arrest.

Attn all criminals:

If you want to break into someones home and assault them make sure to wear a costume like the cops do and you shouldn't have to worry about the homeowner defending himself.

Good Thinking Indiana!

Safety

You knew it had to be justified, like so many other immoral and un-Constitutional laws recently, on the basis of safety.

Not the safety of the citizen, mind you, but the safety of the police officers.

So then, is the Indiana

So then, is the Indiana Supreme Court saying that the police do not have to obey the law?