Indiana Legislature Defining Home Owners Rights vis-a-vis Illegal Police Actions

Indiana Legislature Defining Home Owners Rights vis-a-vis Illegal Police Actions

This is a discussion on Indiana Legislature Defining Home Owners Rights vis-a-vis Illegal Police Actions within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Last summer, the Indiana Supreme Court all but begged the legislature to put some definitions around the rights of home owners and the police. Well, ...

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Thread: Indiana Legislature Defining Home Owners Rights vis-a-vis Illegal Police Actions

  1. #1
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    Indiana Legislature Defining Home Owners Rights vis-a-vis Illegal Police Actions

    Last summer, the Indiana Supreme Court all but begged the legislature to put some definitions around the rights of home owners and the police. Well, they are doing just that.

    The Indiana legislature is working to rectify the heirarchy of rights between the law-abiding home owner and the police. This clearly does not apply to cops raiding a criminal's house, but it does provide protections (in court) to law-abiding home owners who shoot police entering their house illegally.

    What’s going to get interesting is when the cops have reasonable suspicion, get a warrant and properly execute it, then the homeowner shoots them and is proven to be law-abiding. In that case everybody acted in accordance with the law, it was not an illegal entry by cops, but the law-abiding citizen, acting on the knowledge that he is law-abiding, takes action.

    In no case, does the law put armor around the home-owner, so it is likely that it will be used by the rare survivor to repel legal action or by their estates to seek compensation.

    Right to resist police in Indiana clarified in legislation | The Indianapolis Star | indystar.com
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    Hopefully this will help ensure the police have the right person and right address before taking action.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Distinguished Member Array AKsrule's Avatar
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    "What’s going to get interesting is when the cops have reasonable suspicion, get a warrant and properly execute it,
    then the homeowner shoots them and is proven to be law-abiding."



    Our Justice system is founded on the principle that EVERYONE is innocent until proven Guilty.

    Even someone SUSPECTED of a crime has the right not to be executed by a SWAT team.

    If the Police are too afraid to knock on the door they should choose another line of work.

    If someone breaks down my door in the night I will not be serving coffee and donuts..........
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    Quote Originally Posted by AKsrule View Post
    "What’s going to get interesting is when the cops have reasonable suspicion, get a warrant and properly execute it,
    then the homeowner shoots them and is proven to be law-abiding."



    Our Justice system is founded on the principle that EVERYONE is innocent until proven Guilty.

    Even someone SUSPECTED of a crime has the right not to be executed by a SWAT team.

    If the Police are too afraid to knock on the door they should choose another line of work.

    If someone breaks down my door in the night I will not be serving coffee and donuts..........
    I hear what you are saying, but I was talking more from a legal perspective. The new law appears to be clear if a criminal is legally raided by the cops. Further, it appears to be clear if a law-abiding person is illegally raided by the cops. Where it is not clear about whose rights superceede whose, is when the cops, believing they are acting legally (and appearing to do so to the rest of the world) raid a person's house who is, in fact law-abiding.

    While I hear what you are saying, the probability of living through an armed confontation with the cops is low and while I would like to see procedure changed to eliminate NK raids, I don't see the government agreeing to that.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

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    Quote Originally Posted by AKsrule View Post
    Even someone SUSPECTED of a crime has the right not to be executed by a SWAT team.
    Exactly
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    These bashing down the door entries to serve a search warrant must stop. Plain and simple.
    Shall not be infringed means - shall not be infringed.
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    Glad to see the legislators willing to work on this
    Rats!
    It could be worse!
    I suppose

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    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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    We should have this law in FL also if we don't.
    sgb likes this.

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    Careful....I got thrown off glocktalk for participating in a thread just like this. I was not expressing anti LEO sentiments, rather exactly what has been posted above me.

    Sent from my Desire HD using Tapatalk

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    What’s going to get interesting is when the cops have reasonable suspicion, get a warrant and properly execute it, then the homeowner shoots them and is proven to be law-abiding. In that case everybody acted in accordance with the law, it was not an illegal entry by cops, but the law-abiding citizen, acting on the knowledge that he is law-abiding, takes action.
    I hope this is remedied in the new law. In my opinion it should not be a difficult decision as the homeowner should be protected from any legal action when protecting his home from invaders. While the government may have been acting in good faith it was their actions that caused the homeowners reaction. He should not be held responsible for what the government caused.

    Michael
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    The problem is LEO has some new toys and just love playing with them. I was watching John Stossel's "Illegal Everything" and one segment showed a full on SWAT assault on a store for selling....are you ready for this.....gasp.....RAW MILK!!!!!! It is the over use of SWAT Assaults for monor paper service that puts EVERYONE in danger.

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    Unless there is a hostage rescue situation, I just do not see the need for SWAT or anyone else to be barging in. It puts everyone at risk.

    How about some old-fashioned police work, instead? You know - a stake-out? Wait for the guy you want to arrest to come out, and then arrest him. Shazam.

    There might be some rare situations where an arrest on the street would be more dangerous, but those should be the exceptions, not the rule.

    And if anyone thinks I'm bashing law enforcement; read my sig.
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