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Old June 3, 2013, 11:22 AM   #10
Webleymkv
Senior Member
 
Join Date: July 20, 2005
Location: Indiana
Posts: 10,446
This is actually rather old news. Indiana passed SB1 in response to the Indiana Supreme Court overreaching in its ruling on Barnes v. State of Indiana. Instead of mereley ruling that the police had probable cause to enter Mr. Barnes' residence (which, IMHO, they did), the court took it a step further and ruled that one has no right to resist law enforcement even when the actions of the LEO are, in fact, illegal. The issue, I think, was that Barnes was far from squeaky clean himself and had the case had a more clean-cut defendant (the state appealed to the Supreme Court) the ruling may have gone the other way.

There was a whole lot of hand-wringing leading up to the passage of the law with some decrying it as "declaring open season on police." In reality, it's pretty clear to anyone of at least moderate intelligence that the cases in which this law could be used as a defense are extremely rare. In order for you to be covered under SB1, the actions of the police have to be genuinely illegal: just believing that they're illegal doesn't cut the mustard. Also, to my knowlege, no one has attempted to use the law as a defense since it was passed.

Last edited by Webleymkv; June 6, 2013 at 09:09 PM.
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