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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT