ILNews

Barnes panel OKs proposed law changes

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

ADVERTISEMENT