Indiana AG Says State Supreme Court's Unlawful Entry Opinion Too Broad
The Indiana Supreme Court should revisit the recent opinion that found individuals have no right to resist police officers illegally entering their homes, the state attorney general said in a statement released today.
The brief and argument his office submitted to the court did not advocate the type of opinion that resulted, Greg Zoeller stated in a news release. He believes that the court ruled too broadly in the case, which involves a man who yelled at police and blocked them from entering his apartment to investigate a domestic disturbance. The man shoved an officer who went past him, was shocked with a stun gun and arrested.
Zoeller said in the news release that his office continues to support the defendant’s conviction.
“We contend that under the circumstances, the police entry of [the defendant’s] residence was legal: The officers responding to the 911 call sought to avoid leaving the alleged victim alone inside with the defendant after a confrontation outside. So while there is no right to commit battery against police, I believe the individual has the right to shut the door, stand his ground and communicate with police without engaging in an altercation. In balancing the perils of domestic violence with respect for law enforcement, I will continue to advise our police clients to respect people’s Fourth Amendment rights.”