Effort to Undo the Indiana Supreme Court Decision Overturning 4th Amendment Rights

AllGov – News – Indiana First State to Allow Citizens to Shoot Law Enforcement Officers.

Justice Steven David,  a Mitch Daniels appointee authored an Indiana Supreme Court decision which ruled that there was no “right to reasonably resist unlawful entry by police officers”.

Governor Daniels has signed legislation which responds to that decision by allowing Indiana residents to shoot law enforcement officers who unlawfully enter their homes. Senator R. Michael Young authored the legislation in order to provide an avenue of defense for citizens against unlawful use of force by public servants.

From Bloomberg :  “Young cited a hypothetical situation of a homeowner returning to see an officer raping his daughter or wife. Under the court’s ruling, the homeowner could not touch the officer and only file a lawsuit later, he said. Young said he devised the idea for the law after the court ruling”

The legislation was opposed by the Indiana State Fraternal order of Police, which imagines that it would make a big difference in what happens to police who are entering a home. The NRA, on the other hand, backed the legislation.

Justice Steven David’s initial term is up in November.   The voters have a chance to toss him out.

Mitch Daniels has obviously sought to create some distance between himself and his Supreme court appointee with his approval of this new law.

 

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