Indiana Lawmakers Attempt to Clarify Right to Resist Police

October 23, 2011

Indianapolis, Indiana: A panel of Indiana lawmakers is working to clarify the right to resist police, which was thrown into question by a recent court ruling. The Indiana Supreme Court ruled on May 12th that Indiana citizens have no rights to physically resist a search of their property; instead, Hoosiers must file suit in court after the search if they feel their rights have been violated. In their decision for the Richard L. Barnes vs. State of Indiana case the Supreme Court held that "...that there is no right to reasonably resist unlawful entry by police officers." Critics have argued that this ruling is in direct opposition to the fourth amendment.

In response to this ruling a panel of Indiana lawmakers is working to clarify Hoosiers' rights. The panel will vote on a bill next week that would allow Indiana citizens to use violent force in resisting police if the police do not identify themselves or if the officers are not performing official duties. In addition, the bill clarifies situations in which it is appropriate for police to enter a home or business without a warrant, such as, "in cases of domestic violence or other situations in which there is a threat of immediate harm; in “hot pursuit” of a suspect; or if officers are invited to enter, without objection."

The final draft of the bill is the result of many changes and additions, and now includes much more information on circumstances in which police can lawfully enter a premises without a warrant. Earlier drafts of the bill focused more heavily on citizen rights, and Representative Linda Lawson, a former police officer, expressed concern that these earlier versions would declare 'open season' on law enforcement officials. The final draft of the bill also outlines improper conduct by police.