[BartSimpson]

Full title: Indiana First State to Allow Citizens to Shoot Law Enforcement Officers

http://www.allgov.com/Top_Stories/ViewN ... ers_120611

$1:

Police officers in Indiana are upset over a new law allowing residents to use deadly force against public servants, including law enforcement officers, who unlawfully enter their homes. It was signed by Republican Governor Mitch Daniels in March.

The first of its kind in the United States, the law was adopted after the state Supreme Court went too far in one of its rulings last year, according to supporters. The case in question involved a man who assaulted an officer during a domestic violence call. The court ruled that there was “no right to reasonably resist unlawful entry by police officers.”

The National Rifle Association lobbied for the new law, arguing that the court decision had legalized police to commit unjustified entries.

Tim Downs, president of the Indiana State Fraternal Order of Police, which opposed the legislation, said the law could open the way for people who are under the influence or emotionally distressed to attack officers in their homes.

“It’s just a recipe for disaster,” Downs told Bloomberg. “It just puts a bounty on our heads.”

Frankly, I think this is a wise measure to dial back the police state. I see nothing wrong with this because if a SWAT team storms your home right now by mistake in 49 states and they kill you then they typically suffer no penalties for doing so. Knowing that if they storm the wrong house a law abiding citizen has the right to kill them the same as with any other armed intruder will cause the Indiana cops to pause and double-check their warrants and the addresses of the homes they raid.

It's also a reminder to those who serve that the citizens are sovereign and that cops just can't go kicking in doors just for the hell of it.

EDIT:

Turns out Indiana is the second state to do this. Texas already did so ten years ago and apparently the only side effect of the law is that in Texas the police double check their warrants before they serve them and then they don't use 'dynamic entry' anywhere near as frequently as other states.

[DrCaleb]

BartSimpson BartSimpson:

Turns out Indiana is the second state to do this. Texas already did so ten years ago and apparently the only side effect of the law is that in Texas the police double check their warrants before they serve them and then they don't use 'dynamic entry' anywhere near as frequently as other states.

So, it's the second state to admit police and the courts make mistakes?

"Dynamic entry" should be invalidated, after it was used to collect outstanding student loans.

[martin14]

let me know when they move up to politicians.

[BartSimpson]

DrCaleb DrCaleb:

So, it's the second state to admit police and the courts make mistakes?

In my humble experience the courts usually get it right when it comes to addresses for search warrants. It's the guys in the field who are in a hurry to shoot someone's family dog who typically fail to read the warrant and make sure they have the right house before they kick in any doors.

DrCaleb DrCaleb:

"Dynamic entry" should be invalidated, after it was used to collect outstanding student loans.

A fine point, indeed. +5

[Dayseed]

DrCaleb DrCaleb:

"Dynamic entry" should be invalidated, after it was used to collect outstanding student loans.

You'll never eliminate dynamic entries. They will always have their place as there are always going to be warrants where the police will need to maintain the element of surprise.

In Canada, dynamic entries need no longer be "pre-approved" since that tended to limit police discretion in calling audibles once at the door. They can be effected by the police, but their appropriateness is now a matter for trial. A person subjected to one can argue that, in the circumstances for the police at the time, the dynamic entry was unreasonable and therefore a violation of S. 8 of the Charter.

I think Canada has struck an appropriate balance.

I wholly disagree with the state legislature. Giving extended "shootin'" rights to people results in more George Zimmermans. I would fear being the police in Indiana.