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Tuesday, June 5, 2012

Thanks for clearing that up, Indiana!

My biggest concern for the Castle Doctrine laws has always been what happens if the police break into your house. What do you think would really happen if the police charge into your house by mistake or illegally and you shoot one of them. Stories of mistaken addresses, misserved warrants or unlawful entries are not uncommon.

The Indiana state Supreme Court ruled last year that “there is no right to reasonably resist unlawful entry by police officers.” Seriously. That was the decision.

Indiana now has a new law on the books that specifically allows

residents to use deadly force in response to the “unlawful intrusion” by a “public servant” to protect themselves and others, or their property.

Maybe this will be a trend that forces police to reevaluate the use of “show of force” SWAT operations and starting knocking on doors politely again.

2 comments:

dhlii said...

Why does the law matter ?

Your in your home. You have no reason to expect armed intruders - public servants or otherwise. Intruders break your door down - often times without any identification.

Do you wait and try to figure out whether the intruders are the real real bad guys, or just incompetent and mistaken law enforcement ?
If you wait and you are confronted with actual bad guys - your dead.
If you defend yourself and discover you are faced with incompetent law enforcement - your dead.

The Forgotten Man said...

The law matters because when the dust clears I want to know that I won't go to jail for defending my family from unannounced armed intruders.

If it is a police and you end up shooting at them before you figure it out, you are likely in for a world of hurt because there are going to be more than 1 coming through the door. But even so, you shouldn't be blamed for being surprised and grabbing a weapon.