Indiana Bill Allows Citizens To Use Deadly Force Against Police Officers For Trespassing

Republican Governor Mitch Daniels has signed Senate Enrolled Act 1 into law in Indiana, allowing citizens to use deadly force against police officers they think are illegally entering their homes. Republicans say the bill is designed to keep police safe, but Democrats say the bill will lead to the killing of police officers trying to do their jobs.

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.”

Governor Daniels said the following of the passage of the bill:

“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.”

According to the Evansville Courier Press, an Evansville resident fought a police officer whom he believed entered his home illegally after the officer followed him into his house during a domestic dispute call. The Supreme Court ruled that homeowners do not have the right to use force against law enforcement officials for that reason alone.

“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.”

The fourth amendment of the constitution reads as such:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

 

 

 

 

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