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Justice: Ruling lets government agents enter homes illegally

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Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”

In Richard L. Barnes v. State of Indiana, No. 82S05-1007-CR-343, Richard Barnes appealed his misdemeanor convictions of battery on a law enforcement officer, resisting law enforcement, and disorderly conduct. Police responded to a 911 call by Barnes’ wife concerning domestic violence. When police arrived, Barnes was in the parking lot, but then went back into his apartment to retrieve more items because he was going to leave the apartment he shared with his wife.

When police tried to enter, Barnes told them they couldn’t and blocked them. When an officer attempted to come inside, Barnes shoved him against the wall and a struggle ensued.

Barnes appealed, challenging the trial court’s refusal to give his tendered jury instruction on the right of a citizen to reasonably resist unlawful entry into the citizen’s home, and the sufficiency of the evidence. The Court of Appeals ordered a new trial on the battery and resisting charges.

Chief Justice Randall T. Shepard, and Justices Steven David and Frank Sullivan agreed with the trial court’s decision to not offer the instruction. This is the first time that the Supreme Court has been faced with whether Indiana should recognize the common-law right to reasonably resist unlawful entry by police officers.

After examining the English common-law right to resist unlawful police action, and previous U.S. Supreme Court cases on the matter, the majority concluded the right to resist an unlawful police entry into a home is against public policy and incompatible with modern Fourth Amendment jurisprudence.

“Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action,” wrote Justice David, citing bail and the exclusionary rule as examples. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest—as evident by the facts of this instant case.”

The majority held that in Indiana, the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law. Justices Brent Dickson and Robert Rucker dissented in separate opinions. Justice Dickson wrote he would have preferred the majority to have taken a more narrow approach by “construing the right to resist unlawful police entry, which extends only to reasonable resistance, by deeming unreasonable a person’s resistance to police entry in the course of investigating reports of domestic violence.  ... Such a more cautious revision of the common law would have, in cases not involving domestic violence, left in place the historic right of people to reasonably resist unlawful police entry in their dwellings.”

In his dissent, Justice Rucker felt the majority’s ruling was far too broad and would allow the government to enter homes illegally, without the necessity of a warrant, consent, or exigent circumstance. He also said the right to resist unlawful entry into the home rests on the Fourth Amendment.

“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,” wrote Justice Rucker.

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  • From Rucker's Dissent
    William Pitt, Earl of Chatham, on the occasion of a debate in Parliament:
    The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter – all his force dares not cross the threshold of the ruined tenement!
  • next headline should read "3 former judges deported"!
    We the People are the rightful masters of both Congress and the Courts--not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
    Abraham Lincoln

    How these three judges could be so far off is mind-blowing, its as if they had never even studied law, or ever even seen an episode of schoolhouse rock. It's disgusting and they should be ashamed!
  • Reply to 3 Judicial Idiots
    Unfortunately Bill, the three judges who ruled were appointed by Republican Govs and one by Bayh, obviously not liberals. I'm a Conservative Republican and am totally disgusted by this.
  • burglary/ home invasion specialists like this case!
    There are a lot of incidents of burglars committing home invasions disguised as police. That is just one empirical example of why this right should not be attacked by judges. The people need to be secure in their right to defend themselves and their property. This search query will yield many examples

    http://search.yahoo.com/search;_ylt=A0oG7n7mgdFNjHcA07RXNyoA;_ylc=X1MDUCMyMTQyMzU3MDg5BF9yAzIEYW8DMQRjc3JjcHZpZANGZEkxekVvRzd2NnhtUXJVVGMyRHBBWFJUTkFSamszUmdlWUFBaHp0BGZyA2Noci15aWU4BGZyMgNzYnRuBG5fZ3BzAzIEb3JpZ2luA3NycARxdWVyeQNwb2xpY2UgaW52YWRlIGhvbWUEc2FvAzEEdnRlc3RpZANWSVAwNjg-?p=police+invade+home&fr2=sb-top&fr=chr-yie8&type_param=
  • statism in action
    She admitted he had not harmed her. There was not even a reasonable suspicion of a crime. No warrant, no probable cause, no suspicion, and a lawful occupant refused the police entry, rightly so and the overweening overzealous cop beat him down for it. This is so wrong. The police have all their guns and swat teams to protect them. What protects the individual from the police? Not only a paper document but the righteous fear that some people may capably and lawfully defend themselves.

    I prophesy that the NRA and liberterian right will be just as outraged at this piece of trash as the liberal left will be. This is police statism in action here folks.

    Why not ship him off to Gitmo!
  • speak--- redress...
    Eternal vigilance is the price of liberty. Dont throw up your hands. Get moving on letting your public servants know that this is unacceptable.
  • our right to self defense is not granted by any court nor may it be "abrogated"
    King John is laughing at us from his place in hell.

    This was among the rights of Englishmen and it devolved upon us. It is a crucial freedom, the freedom to defend oneself (as always, with reasonable force) against violation of the rights of person or property whether done by private or public agents.

    This little piece of judicial tyrrany repudiates a very rarely used but nonetheless crtically important liberty.
    I can hardly believe this piece of awful judicial activism is "emanating" from my beloved home state of Indiana.

    I have the highest regard for the dissenting judge. I am so thankful that someone at the high and "august" level of judicial legislator at least has some concern for liberty.

    Keep in mind that rights dont go away just because courts say they do. Our rights are God-given and this repugnant travesty will be rectified.
  • entry
    I don't like the ruling, I feel that removing our 4th Amendment rights the judges " ACTED STUPIDLY " and should be removed .
  • entry to home
    From what I read the police were responding to " the Wife's 911 call " now if she had told them they couldn't come in then they should not of entered. but since she had made the call his trying to keep them out was wrong in this case . the police need to make sure she was safe .
    • rights?
      rights in america where are they? the people of indiana need to vote for the change\amendment for the bill of rights not three justices we need our 4th amendent Right not a privlage just cuase someone wants to come in ur home? u have to let them in that crazy our us constiution was made for a reason and was well put togeather by our founding fathers where are our rights hoosiers need to appeal asap
    • 3 judicial IDIOTS Need to educate themselves
      The 3 Judges who decided that the US Constitution 4th Amendment along with other Amendments NO LONGER APPLY to US CITIZENS are COMPLETE IDIOTS and really need to be disrobed and sent back to remedial US history class and LEARN about WHAT,WHY,How the Constitution of the USA is supposed to work.

      Also, the Constitution is a DEAD Document, it is what it is,means what it means...this Liberal 'modification' and trying to make the Constitution a 'living document' is an affront to what it stands for and WHY it was drawn up in the first place...THROW those Judges OUT...send them to China, they can practice their 'Big Brother' law there..
      • The end of Individual rights is here.
        We're throwing away our hard-won civil liberties with both hands. It's the rise of the police state, and the death of the republic. This is only one of the steps that lead us away from freedom, but it's a path down which we travel further every day.

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        1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

        2. This guy sounds like the classic molester/manipulator.

        3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

        4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

        5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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