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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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