With "No right to resist" how do you handle this scenario?

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  • huey

    Marksman
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    From today's South Bend Tribune... "2nd Home Invasion in Three Days"--
    Armed gangbangers kick in the door to a home shouting "Police, police" several times with guns drawn.

    2nd home invasion in three days - southbendtribune.com

    Does the new "no right to resist" law set the stage where the bg's have the upper hand, knowing that a homeowner will not fire instinctively upon illegal entry if the homeowner has to first process, "Are these guys really the police?".

    In my opinion this gives thugs the upper hand if they plan ahead a little bit & order some clothing to impersonate police, swat, dea, etc.

    My guess... we'll see more of this in the near future until the court ammends/broadens its ruling.

    add the NO-KNOCK warrent it gets tricky
     

    mrortega

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    Just west of Evansville
    Senator Jim Tomes is already on this mess. He has met with several people in the governor's office. His wife, Margie, also made some rounds of the capitol and got a press release from the attorney general's office. I believe the line of thought is to invite the perp, who is from Evansville, to appeal the conviction so the court can narrow the scope of the ruling. Check out www.2ndamendmentpatriots.org for a lot of info. I guarantee that no one in the state is as up on constitutional and gun rights issues as Sen. Tomes. For those of you in the Evansville area, the group meets the last Saturday of each month at the West Side Sportsman's Club. If you can make it you won't be bored. You'll leave fired up because Jim is such a dynamic, passionate speaker. I know there will be up-to-the minute news on this issue.
     

    CTC B4Z

    Shooter
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    nUe-ten Kownt
    First off- I wouldnt Live in South Bend

    Second- I would ask for them to throw a badge my way... If I didn't get a badge, they'd get bullets
     

    Armed Eastsider

    Shooter
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    Exactly what others have said. When somebody kicks your door in, you shoot first and ask questions later.

    Of course you will be in prison because of this new BS law, but atleast you will be alive.

    This new ruling on resisting unlawful entry by LEOs is only going to encourage all criminals who kick in doors to yell POLICE!
     

    dross

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    Jan 27, 2009
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    Even though I know I haven't broken any laws that would require a warrant for me, much less for a no-knock warrant, I should be able to reasonably shoot anyone who is kicking in my door.

    But as UncleMike and others have explained, my only moral choice is to die because a cop's life is so much more valuable and more important than mine.

    Much better for me to be killed by a police impersonator or an actual cop kicking in the wrong door than to risk hurting an officer.

    I know my place. Baa. Baa.

    Edit: I'm going back and finding where Denny347 endorsed defending yourself first, discovering who was attacking you second, and repping him. I humbly suggest others do the same. Here it is:

    https://www.indianagunowners.com/fo...ht_to_resist_entry_by_leos-9.html#post1899770
     
    Last edited:

    cosermann

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    Yet another article on criminals impersonating police officers. Coming soon to a town near you.

    Bloody Mexican Gangs Make It 'Official,' with Uniforms, Insignia - FoxNews.com

    Excerpt: "Shadowy kidnappers and men committing grisly crimes in broad daylight are often dressed in formal police or military gear, suggesting no difference between the good guys and the bad guys, between the drug cartels and the government trying to stop them."


    Frankly, there may come a day when reality forces some officers to behave more professionally or risk getting shot - since their behavior could be the only way to tell the difference between the good guys and the bad guys.

    Break into someone's house like a criminal and what are people to think?

    Knock on the door like a professional and chances are you'll be treated like one.
     

    LockStocksAndBarrel

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    Another home invasion. Homeowner is shot.

    From today's South Bend Tribune... "2nd Home Invasion in Three Days"--
    Armed gangbangers kick in the door to a home shouting "Police, police" several times with guns drawn.

    2nd home invasion in three days - southbendtribune.com

    Does the new "no right to resist" law set the stage where the bg's have the upper hand, knowing that a homeowner will not fire instinctively upon illegal entry if the homeowner has to first process, "Are these guys really the police?".

    In my opinion this gives thugs the upper hand if they plan ahead a little bit & order some clothing to impersonate police, swat, dea, etc.

    My guess... we'll see more of this in the near future until the court ammends/broadens its ruling.

    What a great place to live!

    Homeowner shot in home invasion - southbendtribune.com
     

    Rob377

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    Dec 30, 2008
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    I think it'd be great if everyone printed out a copy of this story and any others like it that come up, and send a copy to Justices David, Shepard and Sullivan with a little note attached: "This is the consequence of your half baked 'public policy'"

    Supreme Court of Indiana
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    LockStocksAndBarrel

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    Response from my rep.

    This is the response from my rep on the subject. I thought you might be interested to see it. It's in an email so you need to read from the bottom up.



    Thanks for the reply, David. I have encouraged Mitch to address this now. I fear for our law enforcement officers safety.

    -----Original Message-----
    From: House District7
    Sent: Wednesday, May 25, 2011 8:39 AM
    To
    Subject: RE: Protect the Fourth Amendment: End Illegal Police Entry

    John,

    Thank you for contacting me with your concerns regarding the Indiana Supreme Court's ruling of Richard L. Barnes v. State of Indiana.

    I, too, was troubled by the decision and by the statement Justice David wrote, "We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence". I believe that public policy has been that agents of the government cannot unlawfully enter any private residence since both the United States and Indiana Constitutions were written and has been continuously upheld in Courts at every level, including the U.S. Supreme Court.

    The court process is often a long and arduous one, but I expect that there may be a second review and decision of the case by the Indiana Supreme Court. Indiana Attorney General Greg Zoeller has now said that he would support a rehearing on the case. It could also be appealed to the United State Supreme Court. I'll be keeping a close on eye on this case as it continues moving through the system.

    I suspect that the next session will have quite a few bills that will be introduced to close any perceived loopholes in current statute regarding unlawful police entry in our homes. The next session will not begin until January 2012, but if the Governor feels this issue is too important to wait on, he could call a special session of the General Assembly during the summer or fall to handle the issue through legislation.

    If you have further questions or concerns, please do not hesitate to contact me.

    Thank you,
    David L. Niezgodski
    State Representative

    -----Original Message-----
    From: john
    Sent: Friday, May 20, 2011 2:51 PM
    To: H7@in.gov
    Subject: Protect the Fourth Amendment: End Illegal Police Entry

    Rep. David Niezgodski
    State House, Room 336-18
    200 West Washington Street
    Indianapolis IN 46204-2786

    Greetings,

    We, the undersigned citizens of Indiana and fellow Americans


    Do hereby petition the Senate, House of Representatives, and Governor of Indiana to take

    immediate action to overturn the Indiana Supreme Court ruling of 'Barnes v. State of Indiana'; and to

    thoroughly censure each of the Justices who favored this ruling.


    This ruling strips the right of citizens to defend themselves, their families, and their homes from

    illegal entry by police officers, endangering both the citizens and the police. This directly violates the

    U.S. Constitution's Fourth and Fourteenth Amendments, Section 11 of the Constitution of the State of

    Indiana, and Article 12 of the Universal Declaration of Human Rights.


    Beyond the scope of exigent circumstances, for police to enter the homes of citizens without

    probable cause, reasonable suspicion, or a warrant is illegal. This undermines Liberty, prevents

    Justice, and attacks the deepest values of American society.


    In the name of Liberty and Justice we have risen to this occasion as citizens as is our right.

    Now we ask of you to do the same and to fulfill your oaths and duties to the People with the urgency

    and seriousness this matter deserves.


    Overturn 'Barnes v. State of Indiana' and end illegal police entry.
     
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