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Reasonable Right to Resist the Police?

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Orin Kerr has the details of Barnes v. State decided by the Indiana Supreme Court:

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.

The Indiana Supreme Court ruled 3-2 that there is no such right to resist unlawful police entry into the home.  The real question is how did this case got two dissenting votes.   

1 Comment

This is, or should be, a relevant statutory provision in Indiana:

IC 35-41-3-2
Use of force to protect person or property

(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

I note that the statute doesn't have a police officer exception. Thus, it seems difficult to see how the defendant should not have gotten the tendered instruction.

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