Outrage leading to action against Ind. Supreme Court ruling

INDIANAPOLIS | A Northwest Indiana state senator troubled by an Indiana Supreme Court ruling that Hoosiers have no right to resist illegal police entry into their homes will support legislation that effectively could overturn the decision.

At the same time, a Statehouse rally is planned for next week, and petitions are being circulated to register opposition to the outcome in Barnes v. State.

State Sen. Ed Charbonneau, R-Valparaiso, said he will work with state Sen. Mike Young, R-Indianapolis, to craft legislation in 2012 clarifying Indiana's self-defense law to explicitly permit Hoosiers to resist illegal entry by a police officer.

"While times change, our rights protected in the (U.S.) Constitution do not," Charbonneau said. "Americans must live freely without fear of unwarranted intrusion by an oppressive government."

In a 3-2 decision written by Justice Steven David, appointed in 2010 by Republican Gov. Mitch Daniels, the state's high court said "modern Fourth Amendment jurisprudence" makes the common law right to resist unnecessary because civil remedies are available through the courts.

"Allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest," David said.

But Young believes essentially scrapping Fourth Amendment protections against illegal search and seizure sets a dangerous precedent.

"When someone enters your home illegally at 3 a.m., your first thought is not what court will have jurisdiction, but, rather, what do I need to do to protect my family?" Young said.

The senators are not alone in taking action against the court's decision.

More than 800 people on the social networking website Facebook have indicated they're planning to attend a Statehouse rally against the decision at 11 a.m. region time Wednesday.

Also, Robert Lugo, of Fort Wayne, is spearheading a Protect the Fourth Amendment petition drive on the website change.org that sends messages to the governor and state legislators every time a person signs the petition in opposition to the court ruling.

The Indiana Supreme Court still may reconsider its ruling.

Erin Berger, the attorney for Richard Barnes, said she will file a petition for rehearing in the next few weeks, asking the court to revisit its decision.

Barnes was convicted of misdemeanor resisting law enforcement for shoving a police officer who tried to enter Barnes' home after Barnes told the officer he couldn't come in.

If the state's high court denies her petition or affirms its ruling, Berger said she plans to appeal to the United States Supreme Court.

Another bad 4th amendment decision this week. You weren't really using your rights anyway, were you America?