ILNews

Legislative committee to look at Barnes decision

Back to TopCommentsE-mailPrintBookmark and Share

Not since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision by the Indiana Supreme Court on illegal police entry.

Steele, R-Bedford, said a lot of people are upset over the decision in Barnes v. State, handed down by a split Supreme Court in May, which ended the common-law right to resist illegal entry into a home by police. Steele said the ruling flies in the face of the Castle Doctrine, codified in Indiana Code 35-41-3-2 in 2006, which says that a person is justified in using reasonable force and doesn’t have a duty to retreat if the person reasonably believes that force is necessary to prevent or terminate someone’s unlawful entry or attack on the person’s home.

Now, Steele and other legislators are going to address the fallout from the decision in a special committee.

Chair of the Legislative Council, President Pro Tempore Sen. David Long, R-Fort Wayne, asked Steele to chair the committee created Tuesday to look into the Barnes decision. The committee is also comprised of Sen. Tim Lanane; D-Anderson, Rep. Linda Lawson, D-Hammond, who is a former police officer; and Rep. Eric Turner, R-Cicero. The committee plans on meeting toward the end of June. Steele said even if the Supreme Court rehears the case and alters or narrows its decision, the Legislature still must act.

“There will be a decision some day that comes on the Fourth (Amendment), and (the justices) will say the Legislature didn’t do anything” so it will be up the court to interpret statute, he said.

One of the possible solutions is to put into code all of the exigent circumstances that could be used to justify a warrantless entry, but Steele isn’t sure yet what decisions the committee may make. They will complete a final report with suggested solutions by the end of October.

 “We are going to fix it,” he said.

In addition to the study committee on the Barnes decision, the Legislative Council released the topics interim study committees will be looking into this summer. They include redistricting, sex crimes against children, critical problems in the criminal justice and corrections systems, and sentencing issues. A complete list is available on the General Assembly’s website.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT