IBJNews

Indiana Senate backs bill on right to resist police

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Senate on Monday approved by a wide margin a proposal that gives residents limited rights to resist police officers trying to enter their homes.

The Senate voted 45-5 to back the bill that follows a public uproar after the Indiana Supreme Court ruled in May that residents could not use force to resist police officers even during an illegal entry.

Supporters say the bill is narrowly crafted to set out homeowners' rights, while police and prosecutors worry it could increase the risk for violence.

The bill would allow residents to resist if the police officer wasn't identified or on official duty. Officers would be allowed to enter homes when they have court warrants, are chasing a criminal suspect, believe someone inside is in danger or have permission from the residents.

The court's 3-2 ruling brought Indiana law in line with most other states. But about 250 people attended a Statehouse rally against the decision, contending it infringed on their constitutional rights and contradicted centuries of common law precedent regarding homeowners' rights and the limits of police power.

Sponsor Sen. Michael Young, R-Indianapolis, said the bill aims to draw a "bright line" on what residents and police officers can do.

"This Supreme Court ruling is a ruling that defended the government against its citizens," Young told the Senate. "We're attempting to find common ground here in which we balance our citizens' rights to protect themselves" with the safety of police officers.

The court decision came in a case in which an Evansville man was convicted of misdemeanor resisting arrest for blocking and shoving a police officer who tried to enter his home without a warrant after his wife called 911 during an argument. The man was shocked with a stun gun and arrested. His wife told officers he hadn't hit her.

Sen. Tim Lanane, D-Anderson, said the bill seemed to encourage violence against officers rather than using the courts to contest illegal police actions.

The proposal now moves to the House for consideration.

ADVERTISEMENT

  • Really Mike
    Really Mike, Bosma is the problem. How about the loser Dems who can't show up to do their jobs, and their loser leader with the BAD toupee! Indiana is only one of a few states that are in the black. We need more leaders like him. Regarding Right To Work. When are you idiots going to see that it is helping workers, and gives THEM their rights back not to have to pay the unions that do NOTHING for them.
  • Um... who knew this was a problem?
    I'm just a little concerned that we need this piece of legislation. Are cops running into homes illegally all over the state so much that we need to waste our senators time drafting this? I've never even heard of this happening. Where is this coming from? If cops are doing this all over the place, don't you think that they should be dealt with by their departments and supervisors? Why don't you spend more time getting the homeless people off the street and creating more jobs for hoosiers?
  • right to resist
    why does"nt our state Senate put on a police uniform and walk the streets and patrol our neighborhoods, get a real look at what our police officers do. our senate and house are a real joke, mainly Bosma and his band of followers. next election send them looking for areal job. all they"ve done for our state, is take our rights AWAY--RIGHT TO WORK --SMOKING---SCHOOLS--THANKS MITCH
  • Home Protection
    The State Legislature only needed to look at the total number of weapons sold during the fourth quarter of 2011, and the total number of concealed carry permits issued to realize that average citizens were not going to wait on the courts or our state government to correct a foolish decision. People are tired of the Police State created following 9/11. Enough already! Knocking down doors may work in other countries, however we have a Bill of Rights and Constitution that directs what our citizens can do to protect themselves from illegal entry into their home, even by the police.

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 IBJ 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

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. Looking at the two companies - in spite of their relative size to one another -- Ricker's image is (by all accounts) pretty solid and reputable. Their locations are clean, employees are friendly and the products they offer are reasonably priced. By contrast, BP locations are all over the place and their reputation is poor, especially when you consider this is the same "company" whose disastrous oil spill and their response was nothing short of irresponsible should tell you a lot. The fact you also have people who are experienced in franchising saying their system/strategy is flawed is a good indication that another "spill" has occurred and it's the AM-PM/Ricker's customers/company that are having to deal with it.

  2. Daniel Lilly - Glad to hear about your points and miles. Enjoy Wisconsin and Illinois. You don't care one whit about financial discipline, which is why you will blast the "GOP". Classic liberalism.

  3. Isn't the real reason the terrain? The planners under-estimated the undulating terrain, sink holes, karst features, etc. This portion of the route was flawed from the beginning.

  4. You thought no Indy was bad, how's no fans working out for you? THe IRl No direct competition and still no fans. Hey George Family, spend another billion dollars, that will fix it.

  5. I live downtown Indy and had to be in downtown Chicago for a meeting. In other words, I am the target demographic for this train. It leaves at 6:00-- early but doable. Then I saw it takes 5+ hours. No way. I drove. I'm sure I paid 3 to 5 times as much once you factor in gas, parking, and tolls, but it was reimbursed so not a factor for me. Any business traveler is going to take the option that gets there quickly and reliably... and leisure travelers are going to take the option that has a good schedule and promotional prices (i.e., Megabus). Indy to Chicago is the right distance (too short to fly but takes several hours to drive) that this train could be extremely successful even without subsidies, if they could figure out how to have several frequencies (at least 3x/day) and make the trip in a reasonable amount of time. For those who have never lived on the east coast-- Amtrak is the #1 choice for NY-DC and NY-Boston. They have the Acela service, it runs almost every hour, and it takes you from downtown to downtown. It beats driving and flying hands down. It is too bad that we cannot build something like this in the midwest, at least to connect the bigger cities.

ADVERTISEMENT