It's legal to kill a cop in Indiana — but it's not what you think

Castle Doctrine: No Duty to Retreat

Indiana Law Enforcement Officers aren’t happy with a new law that lets residents to use deadly force against public servants — that’s what most headlines read.

Those “other” media outlets don’t want to tell you the rest of the story, so allow us the opportunity.

  • What if a robber breaks into your house and you fear for your life? You’re lawfully allowed to defend yourself with deadly force.
  • What if a priest breaks into your house and you fear for your life? You’re lawfully allowed to defend yourself with deadly force.
  • What if a football player breaks into your house and you fear for your life? You’re lawfully allowed to defend yourself with deadly force.
  • What if an auto mechanic breaks into your house and you fear for your life? You’re lawfully allowed to defend yourself with deadly force.
  • What if a police officer unlawfully enters your home and you fear for your life? Should citizens be lawfully unable to defend themselves?

The law stems from a┬ástate Supreme Court ruling that “went too far”. The case they were trying 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 key words there: “no right to resist” and “unlawful entry”.

Apparently the Indiana Supreme Court feels that law enforcement officers are either exempt from or above the law.

The Indiana State legislature took exception to the ruling and sent a clear message: cops who make unlawful entry into someone’s home are NOT above the law, and citizens can still employ deadly force to protect themselves and their family — even if it’s the “bad guy” is a rogue cop.

Under the latest changes of Indiana’s Castle Doctrine, lawmakers agreed that “people have a right to defend themselves and third parties from physical harm and crime”. Law enforcement officers are not excluded from the law, and any public servant can now be met with deadly force if they unlawfully enter private property without clear justification.

“In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.”

The National Rifle Association sided with 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 is “a recipe for disaster… It just puts a bounty on our heads”.

Sorry, Mr. Downs. The new law just means that your officers aren’t above the law, and if they’re on the wrong side of it, officers are just like any other criminal and run the same risks as any other “bad guy”.

Source: AllGov

Thanks: Chris

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