Indiana codifies defense/resistance rights against bad cops

Discussion in 'Bill of Rights' started by Airtime, Feb 7, 2014.

  1. Airtime

    Airtime Monkey+++

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  2. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    Looks like a Great State Statute... Wish Alaska would pass such a Statute....
  3. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    Have to like this because it sends a message to the jackboot LEO's that are getting more out of control every day. I can see some problems with this law, but the positive part of it sends a GREAT message and outweighs the negatives.

    LEO's that are out of control get away with way to many things that would get anyone else incarcerated. The excuse that the scope of their job makes things that are done wrong justifiable is complete BS. Everyone needs to be held at the same standards and if you violate the law, profession does not matter, you face the consequences.
    Dawg23, JABECmfg and Yard Dart like this.
  4. ghrit

    ghrit Bad company Administrator Founding Member

    While I agree completely with the idea behind that proposed law, you still better be right when you defend yourself against an out of control (or in control) LEO or armored group of them. A large measure of luck, too, or serious consequences up to and including a memorial service will follow. Remember Randy Weaver and Waco, and how well that worked out.
    kellory, oldawg and BTPost like this.
  5. chelloveck

    chelloveck Diabolus Causidicus

  6. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    Those were Fed setups and then executions with Weavers wife and the ending of Waco.

    This law sends a message to LEO's that jackboot methods could have serious consequences that are justified.
  7. DarkLight

    DarkLight Live Long and Prosper - On Hiatus

    It's disgusting that the LEO they interviewed immediately went to "Someone is going to get away with killing a cop because of this law" and completely ignored "Cops have been getting away with killing innocent civilians without this law."

    Says a LOT about the mindset of many (but certainly not all) in that line of work.
    Mountainman and oldawg like this.
  8. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    I'm not sure that I like this law... some of it is questionable... how does a civilian differentiate a no-knock search (legal) from a illegal search... I see the possibility of more civilians getting killed /injured as a result and a lot with injuries to LEO's keep in mind that LEO's will probably have vests... never mind the legal costs of the consequences... YMMV
    tulianr likes this.
  9. Quigley_Sharps

    Quigley_Sharps The Badministrator Administrator Founding Member

    Better to die on my feet fighting then on my knees.

    Sent from my iPad using Tapatalk HD
  10. VHestin

    VHestin Farm Chick

    Well I don't see that part as a big deal, if someone is busting into your home, your right is to defend it. That aside, someone who has been 'naughty' will most likely expect trouble, but they will also know the difference between legalities of searches. And it's not just 'home invasion' scenarios where you can need to defend yourself from a 'bad' LEO, it could be during a traffic stop as well.
  11. tulianr

    tulianr Don Quixote de la Monkey

    I think the law will only become important if you survive the encounter to be dragged into court. It might (big might) give you a legal leg to stand on. I agree though, at four in the morning, differentiating between a no knock warrant and a home invasion would be a dicey thing. If the legislature wanted to do something useful, they could outlaw no knock warrants.
    Mountainman likes this.
  12. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    "Honest, my gun couldn't tell the difference, it was loaded with "dumb-dumbs":eek::rolleyes:
    tulianr likes this.
  13. z96Cobra

    z96Cobra Monkey++

    This was passed a year or two ago & hasn't been an issue.
    Mountainman likes this.
  14. bfayer

    bfayer Keeper Of The Faith

    All this law does is provide an affirmative defense for someone that defends themselves against a public official. it does not offer a get out of jail free card to someone that shoots a cop.

    If you shoot a cop you are going to jail, if you can show that the officer was engaged in unlawful behavior and that your use of force was reasonable given the situation, you can use that as a defense. But make no mistake, you are going to jail if you are not killed in the altercation.

    But keep in mind, the law does not state "Law Enforcement Officer" it states "Public Servant". This is important because the law has more to do with people like DCS (Child Services), Code enforcement, School officials, etc. Too often these folks take it upon themselves to act like LEOs and feel they can do whatever they like. This law puts them on notice and lets them know they have to follow the law too, and if they trespass or take property without a warrant, they are no different than a thug on the street and may get a woop'n if they are not careful and follow the law.

    It seems very reasonable to me.
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