Indiana Steps Away from the Brink


About a year ago I wrote about the Indiana Supreme Court’s sua sponte rewriting of Indiana’s self-defense statute to deprive people of the right to use force to defend themselves against police officers committing crimes.

Yesterday Indiana Governor Mitch Daniels signed into law Senate Enrolled Act 1, which restored by statute that which the Indiana Supreme Court had taken away by judicial activism. In part:

(i) 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 what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle; or
(3) prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.

That’s as it should be. The police are not happy—also, as it should be. 

“It’s just a recipe for disaster,” [the president of the Indiana FOP] told Bloomberg. “It just puts a bounty on our heads.”

You know the answer to this, of course: it’s what badgelickers tell people who complain of police brutality; I hope the police will take it to heart: You don’t want people using force against you? Don’t break the law.

Bravo, Indiana.

(H/T my arms dealer.)


3 responses to “Indiana Steps Away from the Brink”

  1. Direct evidence that proves the existence of God who can move on the souls of men. Or, something like that, ….you get my drift. I have to thank someone for that refreshing bit of sanity restored to this Veil of Tears. Ric

  2. As a Hoosier, before I was adopted as a Texan, I take some small pride in my birth state’s righteous action. Whether it will have practical application, and whether the courts will enforce it, are still to be seen.
    If I were a law enforcement officer, I would hope I would think twice about my actions in the future.

  3. Congratulations on taking them to task and winning. Isn’t it funny that police officers change their view when they or a member of their family are on the other end of police abuse.

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