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Legislation inspired by Barnes ruling passes Senate committee

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A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.

The Committee on Corrections, Criminal and Civil Matters voted 8-0 Tuesday in favor of Senate Bill 1, which was amended to remove Section (b)(1), an exemption focusing on the investigation of suspected domestic or family violence. The senators believed police investigation of domestic violence was adequately addressed by Section (b)(2), which exempted from the bill “entry into a dwelling by a law enforcement officer who has a reasonable belief that a person inside the dwelling has been or is at risk of physical harm.”

The introduced version of the bill was prepared by the Legislative Council Barnes v. State Subcommittee. The Legislative Council directed the subcommittee to review the Indiana Supreme Court's opinion in Barnes v. State, which held that the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law and that the Legislature could consider a possible response.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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