• Home
  • About
    • About Christopher di Armani
    • Disclosure Statement
    • Code of Ethics
    • Privacy Policy
  • Contact
  • Gun Laws 101
  • FPO Violators
  • Store
  • Donate
  • Hire Me

Christopher di Armani.com

In Praise of Individual Rights and Freedoms

  • Top 25
  • Big Brother
    • Access To Information
    • Bureaucratic Incompetence
    • Bureaucrat’s Rule #1
    • Censorship
    • Feeding at the Government Trough
    • Lemonade Freedom
  • Common Sense
    • Expressions of Gratitude
    • Good Samaritans
    • Good Stuff
    • In Memoriam — Remembering our Heros
    • Life
    • Personal Responsibility
    • Politically Correct Madness
  • Courts
    • Abusive Prosecutions
    • Civil Forfeiture
    • Human Rights Tribunals
    • Judicial Corruption
    • Justice Denied
    • Justice System Abuses
    • Police Sentencing Double-Standards
    • Prosecutorial Misconduct
    • SLAPP Lawsuits
  • Crime
    • Abuse of Trust
    • Canadian Mass Murders
    • Firearm Prohibition Orders
    • Human Depravity
    • Immigration Issues
    • Racism
    • Restraining Orders
    • Sexual Predators
    • Violent Criminals
    • Wrongful Convictions
  • Guns
    • Concealed Carry
    • Dial 9-1-1 and Die
    • Firearms Act
    • Fun Gun Stuff
    • Gun Control
    • Gun-Free Zones
    • Gun Politics
    • Gun Registration
    • Negligent Discharges
    • Target Shooting Competitions
  • Islam
    • Canadian Islamic Disgraces
    • Islamic Terrorism
    • Radical Islam
    • Sharia Law
    • The Religion Of Peace
  • Police
    • Abuse of Police Authority
    • Filming Police
    • Great Police Officers
    • Officer Down
    • Police Brutality
    • Police Corruption
    • Police Misconduct
    • RCMP Accountability
    • RCMP Hall of Shame
    • Warrantless Searches
  • Politics
    • Elections
    • Ethics in Politics
    • Political Antics
    • Political Corruption
    • Social Justice
    • Stupid Human Tricks
    • Union Bay Improvement District
  • Rights
    • Charter of Rights and Freedoms
    • Constitutional Violations
    • Freedom of Assembly
    • Freedom of Religion
    • Freedom of Speech
    • Property Rights
    • Privacy Rights
    • Self-Defense
    • Unreasonable Search and Seizure

Castle Doctrine Rebounds in Indiana after stupid Indiana State Supreme Court ruling

Published March 14, 2012 by Christopher di Armani Filed Under: Abuse of Police Authority, Constitutional Violations, Courts, Guns, Justice System Abuses, Police Misconduct, Property Rights, Warrantless Searches


The Indiana State Supreme Court made a ridiculous ruling last year in Barnes v. State (May 12, 2011).  That decision said that Indiana state residents had no right to obstruct illegal police invasions of their homes.

Folks who actually comprehend the Rights and Freedoms declared in the Magna Carta were up in arms (pun intended) over the ruling that essentially overturned centuries of common law legal precedent.  It was absurd to declare that agents of the state can invade someone’s home for any reason or even no reason at all, and a citizen has no right to defend against it.

“We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” Justice Steven David said.

“We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”

That is called a Police State, and unfortunately the Indiana Supreme Court saw absolutely nothing wrong with declaring that Indiana was indeed a Police State.

If the police don’t want to face “unnecessary resistance” when invading someone’s home, there is a very simple solution: Don’t do it.  Don’t invade someone’s home illegally.  Then you won’t have to worry about unnecessary resistance.

Home invasions deserve, indeed demand that they be repelled by all available force.  It matters not if the home invader has a badge to go along with his gun when his actions are illegal.

To quote William Grigg,

“When a cop invades a home without legal authority, he is acting as a criminal, rather than a peace officer.”

The facts of the Barnes case are quite straight-forward:

As summarized by a legislative report last November, the incident that gave rise to the Barnes ruling occurred four years earlier, when police were summoned to the home of Richard Barnes and his wife by a 911 call reporting a domestic disturbance.

Barnes was in the parking lot arguing with his girlfriend when the police arrived. She had already thrown a duffel bag of his belongings outside the apartment, and told him to “take the rest of his stuff.” As Barnes re-entered the apartment to do so, the police attempted to follow him inside. Barnes quite properly told the police to stay out, and enforced that lawful order by shoving a police officer who disobeyed.

Barnes was charged with Battery on a Police Officer, Resisting Law Enforcement, Disorderly Conduct, and Interfering with the Reporting of a Crime.

If there is one word a police officer doesn’t like to hear, it’s “No.”

Mr. Barnes was well within his rights to tell police they were not welcome inside his apartment.  If they wanted to search his residence, they needed to get a warrant.  No doubt the “exigent circumstances” clause was invoked to justify their illegal actions, even though such circumstances did not exist.

To quote William Pitt, Earl of Chatham,

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter – all his force dares not cross the threshold of the ruined tenement!

Sadly the majority of the Indiana Supreme Court could not comprehend that simple statement.

Thankfully that is not the end of this story.

Indiana legislators have introduced Indiana Senate Bill 0001 which specifically allows for a homeowner to defend themselves against the illegal entry by police officers, thereby reclaiming Castle Doctrine for Indiana State residents.

“Our laws, our statutes, our Constitution, and the value of our country [were built] on one premise, and that was to defend our citizens against the government –not defend our government against our citizens,” noted State Senator Mike Young of Indianapolis, author of SB 1. “The [Barnes] ruling was a ruling that defended the government against the citizens.”

Rep. Jud McMillin of Dearborn, who wrote the house version of the bill, added:

“The distinction here is not between police officers and citizens. The distinction to be made here is between what is lawful and what is unlawful. In a society where we value our freedoms, we cannot have a bright-line test that tells people when they cannot exercise their freedoms.”

It’s so gratifying to hear politicians that actually comprehend what a Right is, and why it must be defended.

Indiana Senate Bill 0001 states, in part:

Provides that a person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from unlawful force;
(2) prevent or terminate the public servant’s unlawful entry into the person’s dwelling; or
(3) prevent or terminate the public servant’s criminal interference with property lawfully in the person’s possession. .

Naturally “the sky is falling” crowd freaked out and immediately claimed that police officers would be shot on sight.  Representative Linda Lawson went so far as to say it would be “open season on law enforcement” if SB0001 passes.

The over-reaction of folks like Rep. Lawson is, as always, comical, and would be downright hilarious if they weren’t so wrapped up in their own hysteria while denying our fundamental Rights and Freedoms.

The reality of this bill is quite simple.  Citizens have Rights.  When police violate those rights, there may be consequences more dire than they may have wanted.

The solution is, as I said earlier, incredibly simple.

Stop violating people’s rights.

If you do not have the legal right to enter someone’s home, then DON’T ENTER!  It really is very simple.  It will probably require a lot of retraining on the part of some police though, since violating citizens’ rights has become a way of life in some police forces.

That being said, if they don’t violate a citizen’s rights, law enforcement will have absolutely no problem, even after SB0001 passes.

I really don’t understand why this is so hard for some people to grasp.

The standard response from the “we want to violate your Rights” crowd is that “you can go to court” or file a lawsuit after the fact.

That’s the whole point here though, isn’t it?

Why should a citizen have to fight for their rights AFTER the fact?  They shouldn’t, and that’s why Indiana SB0001 must pass.  It places the burden solidly where it belongs, on police to act within the law, not on the citizen to seek remedy for their violated rights at some distant point in the future.

Or, as Rep. Jud McMillin said so eloquently,

“The distinction here is not between police officers and citizens. The distinction to be made here is between what is lawful and what is unlawful.“

So very, very simple…

Author

  • Christopher di Armani
    Christopher di Armani

    Christopher di Armani is a freedom-loving Amazon bestselling author and current events commentator from Lytton, BC, Canada, who strives to awaken the passion for liberty inside every human being.

    View all posts

Check your inbox or spam folder to confirm your subscription.

Tags: Barnes v State, Castle Doctrine, Earl of Chatham, illegal search, Indiana State Supreme Court, magna carta, police state, Representative Linda Lawson, William Grigg, William Pitt

Did you find value in this article?

If you found this article useful or it contained valuable information and you want to thank me, the best way is to buy me a coffee or two.

1. Send an Interac eTransfer to author @ christopherdiarmani.net (remove spaces)

2. Send via PayPal using this link: https://www.paypal.me/ThatLibertyGuy

3. Use your credit card in my online store to support me with a one-time donation, a monthly recurring donation, or an annual donation. See these links for all the details about the thank-you gifts I offer my supporters.

Comments

  1. Haasch says

    April 10, 2012 at 6:43 pm

    I have to say, Castle Doctrine Rebounds in Indiana after stupid Indiana State Supreme Court ruling is a seriously nice blogging. I might like to show you my thanks a bunch. Best regards, Haasch

    Reply
  2. Melber says

    April 10, 2012 at 9:49 pm

    Fabulous article! Castle Doctrine Rebounds in Indiana after stupid Indiana State Supreme Court ruling | Christopher di Armani.com seriously makes my afternoon a little happier 😀 Continue with the exceptional articles!

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Subscribe to my commentaries

Check your inbox or spam folder to confirm your subscription.

  • Email
  • Facebook
  • Pinterest
  • RSS
  • Twitter

Latest Tweets

Follow @ThatLibertyGuy

Christopher di Armani 🇨🇦 🇺🇸
@ThatLibertyGuy


  • about 54 years ago
    Reply Retweet Favorite

Most Popular This Week

  • All that is required for evil to triumph is for good men to do nothing
  • OPP Sergeant Jamie Gillespie Pleads Guilty to attempting to intercept private communications
  • Officer Down: Truro Police Service Constable Catherine Campbell
  • Two-Tier Justice: One law for mere citizens… another law for Police
  • Rapinder (Rob) Sidhu: Reason #6 to Dump the BC RCMP
  • Dale Merle Nelson’s 1970 Murder Spree in Creston, British Columbia
  • OPP Sgt. Mike Dolderman’s Sexual Assault Trial Delayed Again

Most Popular This Month

  • All that is required for evil to triumph is for good men to do nothing
  • Whose Children Are They in the Age of Government Overreach?
  • How did Live-Streaming Rape Become a ‘Thing’?
  • Dale Merle Nelson’s 1970 Murder Spree in Creston, British Columbia
  • Escaped Mental Patient William Bernard Lepine and the 1972 Kettle Valley Murders
  • Former NFA President Jim Hinter Surfaces At Last… with more criminal charges
  • Rapinder (Rob) Sidhu: Reason #6 to Dump the BC RCMP

© 2004–2023 ChristopherDiArmani.com | All Rights Reserved

Close

Buy me a cup of coffee

A ridiculous amount of coffee was consumed in the process of writing these articles. If you enjoy my work, please buy me a coffee or two to keep me going!