No Right to Assault Police Officer Entering Home Even if Entrance is Unlawful: Indiana Supreme Court

No Right to Assault Police Officer Entering Home Even if Entrance is Unlawful: Indiana Supreme Court
Volokh Conspiracy ^ | 5/13/11 | Orin Kerr

Posted on Friday, May 13, 2011 6:52:05 PM by BCrago66

The decision is Barnes v. State, and the Indiana Supreme Court divided 3–2.
In this case, the officer had come to the home in response to a domestic violence call. He found the defendant, Barnes, outside.


The officer and the defendant exchanged heated words, and the defendant started yelling at the officer. The officer threatened to arrest the defendant if he didn’t calm down, and the defendant threatened to have the officer arrested if he arrested him. At this point the defendant’s wife came outside, threw a duffel bag in the defendant’s direction, and told him to take the rest of his stuff.

She then went back inside the home. The defendant then reentered the home following his wife, but once inside he blocked the officer (and another officer) from entering. The officers asked if they could enter the home, and the defendant’s wife pleaded with the defendant to let them enter.

The defendant refused. The police then entered anyway, and the defendant “shoved [an officer] against the wall.” The officers then tazed the defendant and arrested him.

(Excerpt) Read more at volokh.com ..