Indiana Residents Can Now Defend Themselves and Their Homes Against "Unlawful Intrusion" by "Public Servants"

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An amendment to Indiana'a Castle Docrtine passed in March would allow homeowners to use deadly force against "public servants" who are committing "unlawful intrusions," reports Bloomberg News

Republican state Senator R. Michael Young, the bill's author, said there haven't been any cases in which suspects have used the law to justify shooting police.

He said "public servant" was added to clarify the law after a state Supreme Court ruling last year that "there is no right to reasonably resist unlawful entry by police officers." The case was based on a man charged with assaulting an officer during a domestic-violence call.

Young cited a hypothetical situation of a homeowner returning to see an officer raping his daughter or wife. Under the court's ruling, the homeowner could not touch the officer and only file a lawsuit later, he said. Young said he devised the idea for the law after the court ruling.

"There are bad legislators," Young said. "There are bad clergy, bad doctors, bad teachers, and it's these officers that we're concerned about that when they act outside their scope and duty that the individual ought to have a right to protect themselves."

Bill supporters tried to accommodate police by adding specific requirements that might justify force, and by replacing "law enforcement officer" in the original version with "public servant," said Republican state Representative Jud McMillin, the House sponsor.

Police officers are not happy. "It's just a recipe for disaster," said Downs, chief of the Lake County police in northwest Indiana. "It just puts a bounty on our heads." 

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  1. Police officers are not happy. “It’s just a recipe for disaster,” said Downs, chief of the Lake County police in northwest Indiana. “It just puts a bounty on our heads.”

    Welcome to the party, pal. Now you know how normal citizens feel every time they interact with the police.

    1. + 1 Nakatomi Plaza.

      I love how every time a state passes a law that curtails the power of the police even just a little bit the local Chief says its open season on cops.

    2. Pretty sure Democracy is dead, too.

    3. Officer, if you’re not doing anything illegal, you have nothing to fear.

  2. Police officers are not happy. “It’s just a recipe for disaster,” said Downs, chief of the Lake County police in northwest Indiana. “It just puts a bounty on our heads.”

    No, Officer Downs – It means y’all better think twice before executing a no-knock warrant, especially if it’s the wrong house, asshole.

  3. “It just puts a bounty on our heads.”

    It’s amazing how many people can be quoted saying the most idiotic things.

    No, fucktard, it doesn’t put a “bounty” on your heads. Because it doesn’t introduce a financial incentive for whacking your stupid ass when you illegally intrude on a citizen.

    1. But could you imagine a world that did…

  4. Unfortunately, I imagine if someone shoots a cop who is illegally entering their home, they will never make it to trial.

    1. However, if they don’t make it to trial, they will at least make it to their funeral…Top down though 🙁

      Though, this is what you would think, once bullets start flying toward the police, they don’t think it is so fun anymore and rethink the situation. Look at the guy in Utah who killed 1 cop and injured 4 more. They took him alive.

  5. Truthfully, I can understand why Officer Piggly-Wiggly might be scared. Given the absolute fucking nonsense I hear cops spout about gun laws, I can’t imagine they know any other area of law any better.

  6. That’s quite remarkable that legislation like that passed.

    Frankly, cops have no business entering homes without a warrant. The line of cases taking away that legal wall are almost all a big, fat mistake.

    1. Would you want a cop to enter your house without a warrant to rescue you from a crime in progress, medical emergency, or fire?

      1. There’s nothing to stop a cop or anyone else from entering your house under those circumstances.

      2. Almost all” meant “almost all.” Not all.

      3. What if that “crime in progress’ he was rescuing me from was me smoking a bong or doing a line of coke?

        What medical emergency could he possibly be responding to that would prevent him from obtaining a warrant?

        Good samaritan laws would shield him if he entered a burning building to save you, just like they would any other passer-by.

        1. I don’t think the exceptions are rocket science. This didn’t used to be the kind of problem it is now.

      4. In case of medical emergency, I’d prefer an EMT, and in case of fire, I’d prefer a fireman.

        In case of a crime in progress, I’ll take anybody friendly and armed. And I realize that this may be confusing, so let me clarify something: that doesn’t mean anybody can come in my home anytime they like and not expect to be shot.

        In other words, friendlies are admitted in case of emergency, cop or not. Unfriendlies can expect to be met with lethal force, cop or not. It’s kind of like the same rule applies to cops and non-cops.

        1. In case of crime, the cop would probably be acting on probably cause. In such a case he wouldn’t need a warrent to lawfully enter your house. Even under this new Indiana law, you’d have no right to shoot him.

      5. Crime in progress: Will never happen. They’ll get there 30 minutes after I died because they enforced laws that leave me defenseless in the face of armed aggression

        Medical Emergency: Much sooner have medical personnel do this. They have appropriate training for this situation. All cops are trained to do is bludgeon the victim until they are all better.

        Fire: Much sooner have firefighters do this. They have training and equipment to do this safely and without bludgeoning the victim until they’re not burning to death any more.

        So yeah, I’m good with cops never entering my home without a warrant.

    2. That’s quite remarkable that legislation like that passed.

      I chalk it up to the brilliant hypothetical (seriously!) that the legislator attached to it. He put the judge’s ruling in terms that made it obviously idiotic and wrong.

        1. Only 48. This has been the law (roughly) in Texas for some time.

  7. One step forward…two steps back.

    The first time somebody shoots a cop executing a no-knock raid at the wrong address, our rights will be curtailed more than they were before this law was passed.

    After all, cops have a right to go home at night, etc, etc, etc…

    1. I’m not hoping that cops get blown away under the law; I’m hoping that the possibility that unlawful force will be met by force might create an incentive that our rights in general will be respected. Unlike with what has been happening.

      1. I’m with you, Pro Lib. I don;t want to see a single person get hurt, be they a “civilian” or a cop. That said, the first time a “civilian” shoots a cop inside his own house when the cop enters illegally and uses this as his defense, the legislation that passes will push us beyond where we were prior to this law.

        It’s in the nature of cops and cop-apologists to overreact in a way that reduces rights of civilians in favor of more limitless power in the hands of armed agents of the state.

        1. the legislation that passes will push us beyond where we were prior to this law.

          I don’t think that’s possible, given the ruling in the original case.

  8. Young cited a hypothetical situation of a homeowner returning to see an officer raping his daughter or wife.

    OH, SO NOW ALL POLICE OFFICERS ARE RAPISTS. Republican state Senator R. Michael Young has just declared War on Police.

    1. I can’t think of a situation where I would come home to a policeman in my house and him not be raping my wife or daughter.

      1. Unless he’s shooting or raping your dog, or both in any order.

  9. This is a pretty stunning law. I’m in favor of it.

    Maybe we need a rolling out of this kind law similar to what was done with shall-issue concealed carry, castle doctrine, etc.

  10. A no knock raid even on the wrong house im sure would be considered “legal” activity be leos. Sounds like they would have to be committing felonious assault for this law to kick in. So basically you better kill them all and get your story straight.

    1. Breaking down someone’s door without a warrant to break down that door strikes me as an “unlawful intrusion”, JB.

      1. There’s two ways they could “raid the wrong house”.

        1. Want a warrant for house A. Get a warrant for house A. Raid house B. (This is probably unlawful entry… maybe).

        2. Want a warrant for house A. Get a warrant for house B. Raid house B. (This is probably lawful entry. And you better not defend yourself.)

        Either way, I think the legislator was giving us a hint in that quote. You better not expect this law to protect you in the event of a raid. You should always assume they have a warrant until they do something blatantly illegal (like start raping someone).

  11. OT: so after a week of the main page being slammed to the left in IE, it’s fixed now. I’m positive my IT department hasn’t updated IE, so the squirrels must hsve fixed something.

    Also, the squirrels need to do something about the twitter script and Firefox so that if it can’t reach twitter, it doesn’t have a conniption fit and keep trying.

  12. Fuck. Next think you know they will rescind Prima Nocta. Might as well move to Somalia.

  13. Young cited a hypothetical situation of a homeowner returning to see an officer raping his daughter or wife. Under the court’s ruling, the homeowner could not touch the officer and only file a lawsuit later, he said. Young said he devised the idea for the law after the court ruling.

    This may not actually be that “hypothetical”. A friend of mine called me up in panic mode after the Indiana Supreme court ruling, because his wife has been stalked and threatened by a cop for many years and feared this very thing. He said, “You’re an anarchist and you know about this stuff, who do I contact to get this overturned?” (major internal giggling on my part, as my friend is an ex-cop). I gave him the standard list: state and local reps, judges, letters to the editor etc. Young is his rep. So I wonder…

  14. Police officers are not happy. “It’s just a recipe for disaster,” said Downs, chief of the Lake County police in northwest Indiana. “It just puts a bounty on our heads.”

    I didn’t know pearls were an official part of a police chief’s uniform because he sure is clutching at them.

    1. He’s just worried someone will shoot him when he’s out raping.

  15. Sounds like a plan to me dude.

    http://www.Anon-Browse.tk

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