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Barnes panel OKs proposed law changes

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A legislative study committee has approved proposed changes to state law that it hopes the Indiana General Assembly will consider in response to a state Supreme Court decision earlier this year.

On Thursday, the committee studying the justices’ controversial Barnes v. State decisions passed language that would clarify state statute involving when residents have the right to reasonably resist police who are entering their homes.

As currently written, the committee’s draft legislation permits a homeowner to use reasonable force in resisting a police officer’s unlawful entry into a residence if that homeowner does not have actual knowledge that the officer is an officer or if that officer isn’t engaged in official duty. The legislation notes that even then, violent force should be used to prevent unlawful entry only if there is no other adequate alternative.

The draft legislation does not allow homeowners to resist if a police officer enters in cases of hot pursuit; if that officer has a warrant, suspects domestic violence or has reasonable belief that someone inside the house is at risk of physical harm; if at least one resident invites an officer inside and there’s no other objection from any adults inside; and pursuit of a criminal committing or escaping after the commission of a crime.

“Our draft legislation allows statutory defense for homeowners in specific situations of unlawful home entry by law enforcement,” said Sen. Brent Steele, R-Bedford, the lawyer-lawmaker who chaired the four-person panel established in June. “It was this panel’s goal to make a suggestion that would protect both homeowners and police officers, reducing the potential for violence and respecting the private property of citizens.”

The Supreme Court in May issued a ruling that said Indiana residents have no common law right to resist police entering their homes. The Vanderburgh County case involved Richard Barnes, who’d been convicted of resisting police and battery on an officer that stemmed from a 911 call about possible domestic violence. Barnes didn’t want police entering his home after they arrived on the scene and he resisted when they tried to enter. The justices determined Barnes had no common law right to commit battery or resist. In September, they issued a second ruling that clarified their holding to mean that even Indiana’s castle doctrine allowing homeowners the right to protect their residences doesn’t offer a defense to resistance or battery on an officer.

The three committee members present at Thursday’s meeting supported the proposed changes – Steele, Sen. Tim Lanane, D-Anderson, and Rep. Linda Lawson, D-Hammond. Member Rep. Eric Turner, R-Cicero, wasn’t at the meeting. Those attending said these changes are a work in progress and that more revisions could be made during the regular session that starts in January.

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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