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Thursday, May 19, 2011

Ind. Decisions - "Outrage leading to action against Ind. Supreme Court ruling"

Dan Carden of the NWI Times reports today in a story that begins:

INDIANAPOLIS | A Northwest Indiana state senator troubled by an Indiana Supreme Court ruling that Hoosiers have no right to resist illegal police entry into their homes will support legislation that effectively could overturn the decision.

At the same time, a Statehouse rally is planned for next week, and petitions are being circulated to register opposition to the outcome in Barnes v. State.

State Sen. Ed Charbonneau, R-Valparaiso, said he will work with state Sen. Mike Young, R-Indianapolis, to craft legislation in 2012 clarifying Indiana's self-defense law to explicitly permit Hoosiers to resist illegal entry by a police officer.

"While times change, our rights protected in the (U.S.) Constitution do not," Charbonneau said. "Americans must live freely without fear of unwarranted intrusion by an oppressive government."

In a 3-2 decision written by Justice Steven David, appointed in 2010 by Republican Gov. Mitch Daniels, the state's high court said "modern Fourth Amendment jurisprudence" makes the common law right to resist unnecessary because civil remedies are available through the courts.

"Allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest," David said.

But Young believes essentially scrapping Fourth Amendment protections against illegal search and seizure sets a dangerous precedent.

"When someone enters your home illegally at 3 a.m., your first thought is not what court will have jurisdiction, but, rather, what do I need to do to protect my family?" Young said.

For background, begin with this ILB entry from May 18th.

Posted by Marcia Oddi on May 19, 2011 10:40 AM
Posted to Ind. Sup.Ct. Decisions