A new Indiana law allows citizens to use deadly force on police officers
who have unlawfully entered their homes. Good! Hope this law comes to
Massachusetts. After a few bad cops are shot dead, the police will
reconsider breaking into our homes under false pretenses.
Considering how many people the cops kill every year unjustifiably and are never held accountable for it I really don't have much of a problem with a cop being killed because of this law. It's time to even the score.
The reason for this law is there is that there is seldom any recourse against criminal activity by police officers. Officer Paul Duncan is still employed by the Framingham police department after killing Eurie Stamps, Sr. on January 5, 2011 and police chief Steven B. Carl did not so much as apologize for it in the 2011 Town Annual Report.
It is obvious that internal police investigations yield little in the way of consequences that are equal to the transgressions of some officers. If the police are seriously worried that folks will start shooting them to get out of a ticket, then perhaps it is time for them to gain back a little trust by actually punishing their own when necessity dictates it. By necessity, of course, I mean when a public servant - sworn to uphold the laws of the land - breaks laws in the exercising of his or her duties.
On the surface it may sound awful but we have seen government entities on the federal, state, and local levels embracing the the concept of the police state and are getting out of control. Unlawfully, a word seldom understood by the police is the key word. If someone kicks your door in with no notification you have a right to protect yourself without stopping to analyze whether it is a public servant acting unlawfully. How is any SWAT raid legal?
Suppose the cops get a call of a family disturbance. when they arrive, all's quiet. but, a neighbor is in the front yard and tells the cop, "I heard her screaming, 'he's going to kill me! somebody help me!' " and, then i heard a shot. the screaming stopped and I called the police." Now, the cop figures he can legally break in? (to help the woman in distress after rapping on the door. The police officer sees the blinds get shut and all the lights go out. The police mind figures he can now break in forceably and is killed by a lone occupant, because the man deducts that cop made an illegal entry. It turns out that the noise that the neighbor reported was actually coming from a movie the man was watching on his BluRay Hi Fi system. The lesson here is that one neighbor's hearsay does not allow the police to violate our homes. Just because someone heard a scream, does not allow a cop to assume he can now blatantly violate laws and break in.
Generally courts have made the absurd claim that you have no legal right to defend yourself against police who have broken into your home.
You definitely should be able to shoot cops if you come home and they're in your house eating up all of your donuts.
United States Code (USC) 18 Section 242 goes into detail about how it is illegal for anyone operating under color of law to engage in the deprivation of rights guaranteed to American citizens. This Indiana statue appears to be the bridge between the above code and the second, fourth, and fourteenth amendments.
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