ONTD Political

I can't even think of a good title for this

10:41 pm - 03/23/2012
Indiana Governor Signs Bill Allowing Citizens to Use Deadly Force Against Police Officers Into Law

Republican Governor Mitch Daniels has signed Senate Enrolled Act 1 into law in Indiana. The new law allows citizens to use deadly force against police officers they think are illegally entering their homes. Earlier this month, Addicting Info reported  that the bill had passed the Senate. Republicans say the bill is designed to keep police safe, but Democrats say the bill will lead to the wanton killing of police officers.

Rep. Craig Fry, a Democrat, says the bill “is going to cause people to die and it’s too late after somebody dies for a jury to sort it out. Somebody’s going to die, whether it’s a police officer or an individual who thinks a police officer is entering their home unlawfully. People are going to die.”

Fry’s colleague, Democratic Rep. Linda Lawson, a former police captain, says the bill would create an “open season on law enforcement,” and it is opposed by “1,250 state police officers and 14,000 men and women in blue, brown and green.”

The new law reverses a state Supreme Court ruling that homeowners do not have the right to use force against law enforcement officials who they believe are illegally entering their homes. According to the Evansville Courier Press, an Evansville resident fought a police officer who followed him into his house during a domestic dispute call. “The state Supreme Court found that officers sometimes enter homes without warrants for reasons protected by the law, such as pursuing suspects or preventing the destruction of evidence. In these situations, we find it unwise to allow a homeowner to adjudge the legality of police conduct in the heat of the moment,” the court said. “As we decline to recognize a right to resist unlawful police entry into a home, we decline to recognize a right to batter a police officer as a part of that resistance.”

While announcing his decision to sign the bill into law, Governor Daniels tried to claim that the law doesn’t declare an open season on police officers.

“Today is an important day to say: Indiana’s outstanding law enforcement officers put their lives on the line every day to protect all Hoosiers. The right thing to do is cooperate with them in every way possible. This law is not an invitation to use violence or force against law enforcement officers. In fact, it restricts when an individual can use force, specifically deadly force, on an officer, so don’t try anything. Chances are overwhelming you will be breaking the law and wind up in far worse trouble as a result.”

But Governor Daniels is merely attempting to put political spin on a bad bill. Indeed, Daniels admits that he nearly vetoed it precisely because the bill could be grossly misinterpreted and could lead to killings of police and citizens. This law is basically a loophole for citizens to kill police officers and claim self-defense. There are many people out there who think no police officers have the right to enter homes or property, even if there is a warrant.

As the state Supreme Court said, sometimes police officers have to enter homes to prevent the destruction of evidence or to prevent someone from grabbing a weapon in their home to use against police or someone else. Sometimes police must pursue suspects in their homes. But this bill reverses that ruling and gives those suspects the legal authority to slay police officers. It’s the equivalent of Florida’s ‘Stand Your Ground’ law that led to the killing of Trayvon Martin. In that incident, George Zimmerman believed he had the legal right to gun down a kid for walking through the neighborhood simply for being a young African American male strolling around the community at night. Zimmerman, believing the innocent boy to be a threat, followed him and then shot him to death. Because of the Florida law, Zimmerman remains a free man because he can claim self-defense. This Indiana law will allow people to do the same thing to police officers on their property and in their homes. It makes the already dangerous job of law enforcement even more dangerous and will ultimately lead to the legal murder of police officers who are just trying to do their job.

Now, I know that there is a lot of fuckery from the police, but this is so fucking stupid. It's going to lead to a lot more deaths of both police and homeowners.

Also bolded Mitch Daniels' stupid hypocrisy.

nope_de_plume 24th-Mar-2012 05:56 am (UTC)
I honestly have no problem with laws forcing Police to not abuse their power
bettalaylow 24th-Mar-2012 06:50 am (UTC)
But mistakes do happen or faulty intel is passed on to cops and this warrants them potentially losing their lives?
homasse 24th-Mar-2012 06:57 am (UTC)
Cops kill people all the damn time by mistake and never get so much as a slap on the wrist. A cop's mistake usually ends with SOMEONE ELSE dead, not the cop.
bettalaylow 24th-Mar-2012 07:03 am (UTC)
All the damn time?? If 10 cops raid a house and one home owner has a gun who do you think is going to end up dead? A little common sense because I guarantee you the minute a how owner opens fire they won't be leaving their house alive.
farchivist 24th-Mar-2012 10:50 pm (UTC)
The problem is then you will have people like me who will have encounters like this:

Cop: "We have a search warrant here--"

Later in court:

Me: "Sorry, your honor. I truly thought that the warrant was a forgery and that this cop was trying to do a home invasion. I was just, you know, standing my ground."
Judge: "Case dismissed."

Looking through the law, I don't see anything that would prevent that situation.
pepsquad 24th-Mar-2012 01:03 pm (UTC)
Yes, the burden lays on cops to get their shit straight. In the state I live in we have a shoot trespassers in your home law, this includes anyone trespassing. And I like that law, there hasn't been a blood bath of specifically law enforcment blood but also there hasn't been a whole bunch of wrongful break ins by police under the guise of warrents.
bettalaylow 24th-Mar-2012 02:00 pm (UTC)
I agree that the cops should be held to higher standard to get their shit right. But allowing homeowners to gun down any cop that they view as entering illegally could become a mess. A couple scenarios:

1. The police are executing a warrant for my friend I who have absolutely no idea has warrants out on them. So the police kick my door in I'm going to think that their entry is unlawful and start shooting.

2. The police execute a warrant on faulty information now the warrant is for my residence but I'm not the right person I gun a cop down. What penalaties do I face because the warrant was legit but I just wasn't the right person.

3. What about Federal Law Enforcement I haven't read all the details of this legislation but could they also be included in this unlawful entry?

4. Suspects aren't notified in advance that there is going to be raid so in the middle of the night with your door being kicked in how will a person discern this is or isn't unlawful entry?
mirhanda 24th-Mar-2012 06:13 pm (UTC)
Better them that the innocent homeowner, which is what usually happens. I'll bet there will be a LOT few "mistaken entries" now.
bettalaylow 24th-Mar-2012 07:30 pm (UTC)
You realize that cops are going with more than one person armed, wearing a Kevlar vest, and you really think the minute a homeowner fires they aren't going to end up dead?
roseofjuly 25th-Mar-2012 04:46 am (UTC)
Um...okay? If someone is busting down my door at 3 am do I have time to decide whether it's my Friendly Neighborhood Police* or someone trying to kill my family?

bettalaylow 25th-Mar-2012 11:40 am (UTC)
MY WHOLE FUCKING POINT!!!!! You can't decide so a person has shoot out with cops ends up dead and after its all said and done it turns out the police had a legit warrant!!
doverz 24th-Mar-2012 12:35 pm (UTC)
I don't either, but I could definitely see a lot of people shooting at cops who are legally entering their home and use this as a defense. Also, cops are going to be on edge here and probably start shooting even more quickly than they do now.

Lawmakers want to stop police from illegal uses of power?? Then actually punish the cops who do it.
pepsquad 24th-Mar-2012 01:12 pm (UTC)
you cannot legally believe the police are doing illegal things if you did illegal things first, ie. drug dealing, sex trafficking, etc
doverz 24th-Mar-2012 06:50 pm (UTC)
Doesn't mean that people won't be using the excuse to try and get away with it.

Look at Zimmerman in Florida right now. He's using the "Stand Your Ground" argument as a way to try and get around shooting a kid in cold blood. Shouldn't be working that way, but unfortunately it is.
foureyedgirl 25th-Mar-2012 04:23 am (UTC)
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