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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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