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Lawmakers finalizing post-Barnes legislation proposals

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A legislative study committee is about a week away from finalizing its proposals to clarify state law and allow for Indiana residents to use reasonable force to resist police entry into their homes in all but domestic violence and certain emergency situations.

The panel studying the Indiana Supreme Court’s rulings in Barnes v. State met Thursday to discuss possibilities on revising state statute on the heels of the Indiana Supreme Court’s ruling. The high court held residents don’t have a common law right to resist an officer entering one’s home and that the state’s “castle doctrine” doesn’t allow reasonable resistance even if police are entering illegally.

In May, the justices upheld an Evansville man’s conviction of resisting law enforcement in a purported domestic violence situation, and that decision sparked widespread disapproval and debate across Indiana. Critics argued it violated the Fourth Amendment protection against illegal searches and infringed on homeowners’ rights. Indiana Attorney General Greg Zoeller and 71 lawmakers asked the court to rehear the case. Last month, the justices reaffirmed the original ruling but invited the General Assembly to take up the matter and provide statutory defenses to resisting police entry into a home.

The proposed legislation takes up that invitation, saying people may use “reasonable force, including violent force” — if they believe it’s necessary and have no alternative — to prevent entry into their home if they do not know it's police or if the officer is not performing official duties.

In proposed legislative drafts discussed Thursday, the panel decided they would specifically include law enforcement officers under the castle doctrine but that ability to resist wouldn’t apply to suspected cases of domestic violence or imminent harm, crimes in progress, the service of warrants or pursuit of suspects.

Sen. Michael Young, R-Indianapolis, one of the authors of the proposed legislation, said the exemptions including cases of imminent harm and hot pursuit were important to include to protect police. He noted the Barnes case involved a report of domestic violence in progress and said that in many such cases, victims will not speak out in the presence of their batterers.

“We need a bright line (rule), to delineate when violence can be used, to protect the people and our police officers,” Young said.

Other versions discussed Thursday are all being weaved into the final legislation, a combination of the work by Sen. Tim Lanane, D-Anderson, and Sen. Brent Steele, R-Bedford. Those proposals would make it a Class D felony for law enforcement officers to knowingly enter a home when it’s not necessary to prevent injury or death.

The panel is due to vote next week on its recommended legislation to the 2012 General Assembly. Any proposed bills still would need approval from the Indiana General Assembly and Gov. Mitch Daniels.
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. 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

  5. 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

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