INDIANA (Indiana’s NewsCenter) – Governor Mitch Daniels signs Senate Enrolled Act 1 strengthening the protection of Indiana law enforcement officers by narrowing the situations in which someone would be justified in using force against an officer who has entered into a residence.
SEA1 puts in place a two-part test to determine if a citizen can use deadly force against a law enforcement officer during an entry into a residence.
First, it clarifies that a person must reasonably believe the law enforcement officer is acting unlawfully. Second, it adds that the force must be reasonably necessary to prevent serious bodily injury to the citizen. This second requirement is not part of the current law.
Unless a person is convinced an officer is acting unlawfully, he cannot use any force of any kind. In the real world, there will almost never be a situation in which these extremely narrow conditions are met.
Governor Daniels says, “Indiana’s outstanding law enforcement officers put their lives on the line every day to protect all Hoosiers. The right thing to do is cooperate with them in every way possible.”
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