Indianapolis
– Indiana police officers are very upset with a law that would give
citizens the right to shoot them if they break down the door without
a warrant - or turn an investigation into a home invasion.
An
NRA-backed bill, it's an extension of the “castle doctrine” that
some legal scholars trace all the way back to the Magna Charta in its
doctrine of granting people the right to use deadly force in
resistance to unreasonable search and seizures, as well as home
invasions.
Legislators,
who were alarmed with a state supreme court ruling that held “there
is no right to reasonably resist unlawful entry by police officers,”
enacted a law granting the right of using deadly force when cops
break into homes unlawfully.
It
all started when Richard L. Barnes argued with his wife Mary, and she
told him to leave their home.
When
she reached for a phone to call her sister, he grabbed it from her
hand and threw it at the wall. Then Mrs. Barnes used her cell phone
to call police, who responded to a “domestice violence in progress”
call.
When
they reached the Barnes residence, they found Mr. Barnes packing his
things into his car and Mrs. Barnes throwing a duffel bag at him.
She
told him to come back inside and get the rest of his stuff, according to the police
report.
He
began to shout loudly when an officer confronted him; he refused to
lower his voice, even though the officer warned him to calm down –
or else.
The
cops followed him to the door, where he shoved one of them against
the wall, then attempted to slam the door in his face.
The
police rendered him unconscious with a choke hold; they used a Taser
on him. Then then transported him to the hospital for treatment of
his injuries.
Misdemeanor
charges included Class A battery on a police officer, Class A
resisting law enforcement, Class B disorderly conduct, and Class A
interference with the reporting of a crime.
When
convicted on the charges, Mr. Barnes appealed. He said the trial
court erred when it would not allow him give the jurors a “tendered
jury instruction” on their finding as to the lawfulness of the
police officers' entry to his home.
He
alleged that there was insufficient evidence that he battered the
officer, engaged in disorderly conduct, resisted law enforcement, or
interfered with the reporting of a crime.
The
justices of the Indiana Supreme Court held that none of that mattered
because, in every point on appeal, including the allegation that the
trial court erred by not allowing the defense to tender a jury
instruction, Mr. Barnes had no right to resist the entry of police
into his home.
Yelling
at the cops is not to be considered political speech because it “is
not within the contours of political speech...”
“Because
we decline to recognize the right of a homeowner to reasonably resist
unlawful entry, Barnes is not entitled to batter (Officer) Reed,
irrespective as to the legality of Reed's entry.”
As
to resisting arrest, the Court held that “Because Barnes is not
entitled to resist the entry of the officers, his battery on Reed was
sufficient grounds for his arrest, and the uncontroverted fact that
he resisted the arrest was sufficient to sustain his conviction.”
Three
of the justices concurred; two of them dissented.
Mr.
Justie J. Dickson uttered the opininon that “In my view, the
wholesale abrogation of the historic right of a person to reasonably
resist unlawful police entry into his dwelling is unwarranted and
unneccessarily broad.”
Mr.
Justice J. Rucker said that though many judges now think that the
common law rule of a citizen's right to resist unlawful entry in the
home is “no longer applicable for the twenty-first century, or, for
that matter, the twentieth century,” he finds that “the common
law rule...to resist unlawful into her home rests on a very different
ground, namely, the Fourth Amendment to the United States
Constitution.”
He
quoted a New York case that held “the physical entry of the home is
the chief evil against which the wording of the Fourth Amendment is
directed.”
Justice
Rucker concluded in his dissent by saying that “In my view it is
breathtaking that the majority deems it appropriate or even necessary
to erode this constitutional protection based on a rationale
addressing much different policy considerations. There is simply no
reason to abrogate the common law right of a citizen to resist the
unlawful police entry into his or her home.”
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