Monday, March 12, 2012

The Resistance Rises: Reinstating the "Castle Doctrine"

When a cop invades a home without legal authority, he is acting as a criminal, rather than a peace officer. SB 1 recognizes that principle by focusing on the act of illegal entry, rather than the identity of the aggressor

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As the lower house of the Indiana State Legislature approved Senate Bill 1 on March 1, Representative Linda Lawson lamented that if it were passed the measure would signal that it’s “open season on law enforcement.”

“You have men and women in your community who are willing to die for you, willing to die for your family,” insisted Lawson, who – as a former police officer herself –spoke on behalf of 15,000 members of the police union. The only suitable way to display proper gratitude to the heroic paladins of public order, according to Lawson, is to protect their purported authority to invade your home and kill you with impunity – a privilege that would be undermined by SB 1.

The text of SB 1 states that its legislative purpose “is to protect citizens from unlawful entry into their homes by law enforcement officers or persons pretending to be law enforcement officers. Both citizens and law enforcement officers benefit from clear guidance about the parameters of lawful home entry, which will reduce the potential for violence and respect the privacy and property of citizens.”

To that end, the bill recognizes that an individual “may use force … to prevent or terminate a law enforcement officer’s unlawful entry.”



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