Indiana Supreme Court Rejects Claim of Right to Resist Illegal Police Entry into Your Own HomeSubmitted by AnAppealToHeavenWash on Wed, 09/21/2011 - 00:04
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.