ghengis86
03-21-2012, 10:21 PM
www.nwi.com
By Dan Carden dan.carden@nwi.com, (317) 637-9078
Wednesday, March 21, 2012 8:30 am
INDIANAPOLIS | Gov. Mitch Daniels has signed a law explicitly authorizing Hoosiers to physically resist police if officers are breaking the law.
Senate Enrolled Act 1, approved by the*Republican governor late Tuesday night,*permits a person to use reasonable force against a public servant, including police officers, to protect themselves from injury caused by*the imminent use of unlawful force,*to*prevent illegal entry into a home or vehicle, or stop the unlawful taking of a person's property.
"Contrary to some impressions, the bill strengthens the protection of Indiana law enforcement officers by narrowing the situations in which someone would be justified in using force against them," Daniels said. "Unless a person is convinced an officer is acting unlawfully, he cannot use any force of any kind.
"In the real world, there will almost never be a situation in which these extremely narrow conditions are met."
The Republican-controlled General Assembly approved the legislation in response to a May 2011 Indiana Supreme Court ruling that said Hoosiers never have a right to physically resist police, even when police are breaking the law.
State Rep. Jud McMillin, R-Brookville, a co-sponsor of the law, said the high court's decision went too far because "everybody should have the right to resist anything that's unlawful from anybody."
State Sen. Ed Charbonneau, R-Valparaiso, was a Senate co-sponsor.
Police officers, including*state Rep. Linda Lawson, D-Hammond, a former*Hammond police captain, said they fear the law will lead to "open season" on police because people who don't understand the very limited circumstances where resistance is allowed may believe they can attack a cop and get away with it.
The governor warned Hoosiers to be very cautious in exercising their rights under the new law, which takes effect July 1.
"This law is not an invitation to use violence or force against law enforcement officers ...*so don't try anything,"*Daniels said. "Chances are overwhelming you will be breaking the law and wind up in far worse trouble as a result."
By Dan Carden dan.carden@nwi.com, (317) 637-9078
Wednesday, March 21, 2012 8:30 am
INDIANAPOLIS | Gov. Mitch Daniels has signed a law explicitly authorizing Hoosiers to physically resist police if officers are breaking the law.
Senate Enrolled Act 1, approved by the*Republican governor late Tuesday night,*permits a person to use reasonable force against a public servant, including police officers, to protect themselves from injury caused by*the imminent use of unlawful force,*to*prevent illegal entry into a home or vehicle, or stop the unlawful taking of a person's property.
"Contrary to some impressions, the bill strengthens the protection of Indiana law enforcement officers by narrowing the situations in which someone would be justified in using force against them," Daniels said. "Unless a person is convinced an officer is acting unlawfully, he cannot use any force of any kind.
"In the real world, there will almost never be a situation in which these extremely narrow conditions are met."
The Republican-controlled General Assembly approved the legislation in response to a May 2011 Indiana Supreme Court ruling that said Hoosiers never have a right to physically resist police, even when police are breaking the law.
State Rep. Jud McMillin, R-Brookville, a co-sponsor of the law, said the high court's decision went too far because "everybody should have the right to resist anything that's unlawful from anybody."
State Sen. Ed Charbonneau, R-Valparaiso, was a Senate co-sponsor.
Police officers, including*state Rep. Linda Lawson, D-Hammond, a former*Hammond police captain, said they fear the law will lead to "open season" on police because people who don't understand the very limited circumstances where resistance is allowed may believe they can attack a cop and get away with it.
The governor warned Hoosiers to be very cautious in exercising their rights under the new law, which takes effect July 1.
"This law is not an invitation to use violence or force against law enforcement officers ...*so don't try anything,"*Daniels said. "Chances are overwhelming you will be breaking the law and wind up in far worse trouble as a result."