Photo: Ben Skirvin/WFIU News
Sen. Mike Young says the Indiana Supreme Court cannot disallow people from stopping police from entering their homes.
A controversial court ruling barring homeowners from resisting police entry may have just a 10-month shelf life. Indianapolis Senator Mike Young has already started drafting a bill for next year‘s session guaranteeing a homeowner‘s right to defend the premises from law enforcement as well as from criminals. He says last week‘s Indiana Supreme Court ruling goes against centuries of common and constitutional law requiring police to obtain a warrant before entering a home.
The 3-2 ruling does not allow police to barge in at will. But the court says homeowners don‘t have a legal right to put up a fight — the justices say the proper recourse is through a lawsuit. The ruling upheld a battery conviction against a Vanderburgh County man who shoved an officer who tried to follow him into his apartment. Justice Steven David reasons it‘s not up to a homeowner to decide whether a police entry is lawful.
