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Monday, January 16, 2012
Ind. Law - Right to defend against unlawful entry amendment has hearing tomorrow
SB 1 will be heard tomorrow in the Senate Correction Committee at 9 AM in Rm. 130. According to this WRTV 6 report:
The bill's sponsors said it is narrowly crafted to set out the rights of homeowners.Here is a list of some of the earlier ILB entries on the decision in Barnes v. State.The bill would allow homeowners to use force if the police officer is unidentified or not acting on official duty.
Officers would be allowed to enter a home when chasing a criminal suspect or when they believe someone inside is in danger.
The Indiana Supreme Court in October reaffirmed its earlier ruling after an outcry from 71 state lawmakers, the attorney general and public opinion regarding the case of Richard Barnes in Vanderburgh County.
In that case, Barnes yelled at police and blocked them from entering his apartment to investigate a domestic disturbance. The man shoved a police officer who entered anyway and was shocked with a stun gun and arrested.
Barnes argued on the basis of common law that he had the right to protect his property, legally termed as his "castle," from what he considered unlawful entry.
The Supreme Court said that its ruling was based on Indiana law and that legislators can consider changing the law if they don't feel the ruling was appropriate.
Posted by Marcia Oddi on January 16, 2012 10:40 AM
Posted to Ind. Sup.Ct. Decisions | Indiana Law