Lawmakers discuss scope of police entry case

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A Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback from attorneys and residents statewide than he’s experienced since the daylight saving time debate.

That comment set the stage for the first legislative subcommittee meeting June 29 aimed at exploring the court’s split decision May 12 in Barnes v. State, No. 82S05-1007-CR-343.

The justices' 3-2 ruling went further than any before on the issue of resisting police entry into a person’s home and held that Indiana no longer recognizes a common law right to resist in any situation. That decision fueled widespread outrage and critics say it goes too far and conflicts with both the Fourth Amendment and the state’s self-defense statute.

Though both sides have filed briefs requesting and supporting a rehearing, the Legislative Council created a four-person subcommittee to study this issue more in-depth.

Sen., Brent Steele, R-Bedford, who chairs the subcommittee, said he isn’t sure if the panel should wait on discussing and deciding this issue until the Supreme Court decides whether it’ll rehear the case.

“I think it’s incumbent upon us to do something legislatively,” he said at the meeting. “How often have lawyers seen the court say that the legislature didn’t address something? We run the risk of looking like we’ve abrogated our duties and that we decided not to deal with it immediately.”

Aside from Steele, Sen. Tim Lanane (D-Anderson) and Rep. Eric Turner (R-Cicero) were at the first meeting. Rep. Linda Lawson, (D-Hammond) did not attend. They passed out briefs filed in the case, as well as the justices’ ruling for everyone to review.

Lanane discussed his view of what the majority was saying – that any resistance can lead to an escalation of violence – and he wondered what the answer might be if any action is allowed by residents.

Lt. Mark Carnell, legal counsel for the Indiana State Police, said the ruling has had no impact on the agency's procedures and police don’t see it as giving officers any greater right to enter homes. Sen. Mike Young, R-Indianapolis, who is not a member of the subcommittee but attended the meeting to criticize the ruling, said he’d prefer police to hold off and wait when a situation is unclear.

Although the 11-page ruling states the court was deciding "the question of whether Indiana should recognize the common-law right to reasonably resist unlawful entry by police officers," Steele and others question whether it also impacts Indiana statute delving into this issue. One statute is the 2006 “castle doctrine” that broadened state residents’ right to protect themselves from unlawful entries into their homes.

Legislative Services Agency attorney Andrew Hedges told the subcommittee members that the ruling could be interpreted to impact only common law or also the statues, but it’s not clear. He described the structure of the opinion as a possible “drafting error” because it switches from addressing the common law aspect to even broader wording about the general right to resist police entry, and that it's unclear about the scope of the ruling. Hedges said the court could have included a footnote addressing the statute, but didn’t and so court watchers are left wondering whether the justices forgot about that statutory impact or if they ignored it to only address the common law question. He questioned Justice David’s use of “in sum” when issuing the holding, and whether that means the holding is limited to common law or also abrogates any statutory right to resist.

Steele sees that as a problem that needs legislative attention.

“I see this as two trains headed toward each other on the same track that will collide someday,” he said, in reference to the Supreme Court ruling and the self-defense statute revised five years ago.

A date for the second meeting hasn’t been set, but the three members at the first meeting indicated that August might be the next time they can gather. This subcommittee’s role would simply be to recommend any legislative changes to the full General Assembly once it reconvenes for the 2011-12 session.

Meanwhile, the briefing period is finished and the Supreme Court is now deciding whether it will revisit the case. The justices have no timetable in making that decision and could hold additional arguments, request more material, or rule based on the briefs and past record in the appeal.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues