ILNews

Lawmakers discuss Barnes police entry ruling

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana summer study committee met for the second time Wednesday to discuss a state Supreme Court ruling from earlier this year involving the right to resist police entry into one’s home.

The four-person Legislative Council subcommittee compromised of chair Sen. Brent Steele, R-Bedford, Sen. Tim Lanane, D-Anderson, Rep. Linda Lawson, D-Hammond, and Rep. Eric Turner, R-Cicero, listened to more than an hour’s worth of testimony on the ruling in Barnes v. State, which the Indiana Supreme Court issued on May 12.

Three justices voted to abolish residents’ long-held common law right to resist, while two dissenting justices felt the holding went too far and could be read as a free pass for police to enter homes illegally despite the Fourth Amendment. That latter train of thought is what has caused a firestorm of public opinion about the ruling, and those attending the hearing this week mostly focused their opposition to the court decision on that sentiment.

Ten residents from all corners of the state came to the Indiana Statehouse to tell lawmakers what they think, even as the Supreme Court continues weighing whether it will rehear the case.

One woman from Speedway told the panel that the Indiana Supreme Court did an “end-run” around the Legislature and that the court had stepped beyond its judicial power, while others pointed to the U.S. Constitution and the framers’ intent to give people the right to defend themselves in their own homes.

Leo Blackwell, general counsel for the Indiana Fraternal Order of Police, said the ruling will hardly lead to police indiscriminately kicking in doors across the state. He stepped around offering any suggestion about what should happen on this topic and said that is something for the courts and Legislature to deal with.

“Police should not be put in the position of deciding legality on a front door step,” he said.

Blackwell said the Indiana Supreme Court's heart was in the right place and the rationale of their decision needs to be upheld. He worries that revoking the ruling could put police officers in a “Catch-22.” Without the protection provided by the Indiana Supreme Court, officers face violence when entering a home because of a safety risk or emergency situation. But if officers opt not to go in, they risk criticism or litigation later if a person is injured or killed, he said.

Panel member Lawson said she’s split on the decision because of her past roles as both a longtime police officer and also a domestic violence advocate. She largely defended police and pointed out that they do not want to enter someone’s home and that they try to avoid these situations if at all possible. But domestic violence calls, like the one police responded to in the Barnes case out Vanderburgh County, are some of the toughest for police to handle and they need the ability to protect those who are inside. She said 911 calls often provide police with enough probable cause to enter a home because someone phoning dispatch is reporting an emergency and the police are responding to that call.

Lanane, who is also an attorney, wondered whether it’s a deterrent that the federal courts allow for actions against police officers who enter a home illegally in a situation that doesn’t warrant that type of entry. He also wondered how a person is supposed to handle situations of police imposters – do nothing or try to defend if something seems suspicious.

Lanane also wondered if state statute that in 2005 adopted the “castle-doctrine” applied to police officers or if they were exempt. That law was not addressed in the Supreme Court’s decision and although nothing in the law distinguishes police, Lanane wondered if it might be worth noting that police are not exempted. Panel members also suggested eliminating no-knock, no-announce searches in Indiana, something that wasn’t a specific issue in this case but has also been the subject of criticism following a separate Supreme Court ruling from earlier this year.

 “We have to be very careful how we proceed,” Lanane said, expressing his concern about implying that it’s OK for residents to forcefully resist officers who come to their door. “These are life-and-death issues.”

At the end of the hearing, Steele said he doesn’t know where the discussion will lead or if the study committee will even make a recommendation to the full Legislature.

What happens on this may be dictated by what the Supreme Court decides to do about a rehearing petition currently pending on the Barnes case. The Evansville attorney representing Barnes and the Indiana Attorney General have both requested rehearing, and the court could make any number of choices in handling that – denying the petition with or without comment, granting it and holding new arguments for a later ruling, or issuing a clarification or new ruling that affirms or reverses its past decision fully or in part.

The legislative subcommittee plans to meet again, but the next meeting has not yet been scheduled.




 

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. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT