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Thread: New Indiana gun law allows residents to shoot police

  1. #141
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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by joko104 View Post
    The tough guy talk is humorous.
    You're free to think it's funny. I personally take carrying a firearm very seriously.

  2. #142
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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by majora$$hole View Post
    sorry i am talking about the OP but my position still holds i need to see a warrant period.!!! a uniform breaking the law is no different than a terrorist in my book and should be delt with in the same manner.
    Well good luck to you. Let me know where to send the flowers.

    As I said earlier in this thread, the police can always expect my full cooperation. If a cop enters my home I'm automatically going to assume he's acting in good faith on something I'm not yet aware of. I always assume I don't know the whole story or have all the facts. If it turns out that the cop made an error, no big deal. Of course I'll expect damages paid for.

    If I hear the door get kicked in, yeah, I'm going to reach, but the instant I see a badge my hands go in the air.
    Last edited by Jerry; 06-15-12 at 09:37 AM.

  3. #143
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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by Jerry View Post
    Well good luck to you. Let me know where to send the flowers.
    so do you believe in the oath you took to uphold the constitution? IF flowers are to be sent they will be sent to someone who is doing JUST THAT. so why are you defending someone who isn't upholding the constitution again?

  4. #144
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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by Jerry View Post
    Cops don't always need a warrant
    Wrong, yes they do. Unless you give permission, yes they do. The 4th requires it.

    And if they yell warrant and get shot and come to find out its for 123 Elm Street and you live at 125 Elm Street the warrant is invalid thus they have invaded your home illegally just like a robber.
    Last edited by dontworrybehappy; 06-15-12 at 09:55 AM.

  5. #145
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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by majora$$hole View Post
    so do you believe in the oath you took to uphold the constitution? IF flowers are to be sent they will be sent to someone who is doing JUST THAT. so why are you defending someone who isn't upholding the constitution again?
    The oath of enlistment is not a license be a vigilante. I do not have the authority to act without orders. If you feel military action is required, you're welcome to call the SD Governor and request an MP unit to your house.

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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by dontworrybehappy View Post
    Wrong, yes they do. Unless you give permission, yes they do. The 4th requires it.
    Not if they're in 'hot persuit', which was exactly my example earlier in this thread:
    Can the Police Search Your House Without a Warrant? | LegalZoom

    4.
    Exigent Circumstances. This exception refers to emergency situations where the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence. This encompasses instances of "hot pursuit" in which a suspect is about to escape. A recent California Supreme Court decision ruled that police may enter a DUI suspect's home without a warrant on the basis of the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise.
    My earlier real-life example was of a street thug running from the cops after beating someone to death. If a cop thought the thug had entered my home, that cop would have had the right, the authority, indeed the obligation to enter my home without a search warrant or my knowledge or consent, to pursue that thug.

    Quote Originally Posted by dontworrybehappy View Post
    And if they yell warrant and get shot and come to find out its for 123 Elm Street and you live at 125 Elm Street the warrant is invalid thus they have invaded your home illegally just like a robber.
    According to the law this thread is about, the cop is still legally protected if they are acting in good faith. Essentially, the only way this law keeps you out of prison is if the cop is blatantly abusing his badge. His making a simple mistake doesn't cut it, you're still going to jail.

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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by Jerry View Post
    The oath of enlistment is not a license be a vigilante. I do not have the authority to act without orders. If you feel military action is required, you're welcome to call the SD Governor and request an MP unit to your house.
    you took an oath to defend the constitution even from those who give you orders to do otherwise. it's been a long time since i took the oath but even though i no longer take orders i STILL maintain my oath. and will defend that to the death even still toady. vigialantees are ones who do not defend the constitution imo which i am not in that crowd.

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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by Jerry View Post
    Not if they're in 'hot persuit', which was exactly my example earlier in this thread:


    My earlier real-life example was of a street thug running from the cops after beating someone to death. If a cop thought the thug had entered my home, that cop would have had the right, the authority, indeed the obligation to enter my home without a search warrant or my knowledge or consent, to pursue that thug.



    According to the law this thread is about, the cop is still legally protected if they are acting in good faith. Essentially, the only way this law keeps you out of prison is if the cop is blatantly abusing his badge. His making a simple mistake doesn't cut it, you're still going to jail.
    right you are but the citizen who is protecting their property is also legally protected if they are acting in good faith.

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    Re: New Indiana gun law allows residents to shoot police

    Quote Originally Posted by Hatuey View Post
    Why does this need to be put into law? Are cops just randomly breaking into people's houses or something? I find it ridiculous that we wasted money trying to codify every possible scenario no matter how rare its occurrence may be. Sure, people should have the right to defend themselves against unlawful entries even by police, however how often does that happen that a law needs to be made in order to make sure legal protections are given to citizens in such cases? It would seem that common sense from a judge would be enough to assess whether a citizen acted with a demeanour that wasn't malum in se.
    Quote Originally Posted by Jerry View Post
    Not if they're in 'hot persuit', which was exactly my example earlier in this thread:

    My earlier real-life example was of a street thug running from the cops after beating someone to death. If a cop thought the thug had entered my home, that cop would have had the right, the authority, indeed the obligation to enter my home without a search warrant or my knowledge or consent, to pursue that thug.

    According to the law this thread is about, the cop is still legally protected if they are acting in good faith. Essentially, the only way this law keeps you out of prison is if the cop is blatantly abusing his badge. His making a simple mistake doesn't cut it, you're still going to jail.
    The legislature is squarely aimed at two issues:

    1. Whether a person has the right to adjudge the legality of the police conduct during the "heat of the moment" of an event.

    2. Whether a person can use force to resist what they deem is an unlawful arrest.

    This statute is giving adjudication rights to public regarding police action thereby enlarging the “rights” provided by the 4th Amendment and other laws and giving approval for self help when dealing with an authority who has been empowered and commanded to preserve public safety.


    The Courts say no, for obvious reasons including public safety and the fact that citizens already have protections and legal mechanisms at their disposal should there be an unlawful entry and/or arrest; self help is not one of those mechanisms.

  10. #150
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    Re: New Indiana gun law allows residents to shoot police

    Swi as hot pry suit is bull **** because you don't know what happen after I got home I could have been doing minute shots since you last saw me.

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