Unlawful Police Entry Ruling Could Be Reconsidered

Attorney Files Formal Petition For Indiana Supreme Court Rehearing

The Indiana Supreme Court may reconsider its ruling that eliminates the right of homeowners to resist unlawful police entry into their homes.

The attorney for Richard Barnes, whose criminal case in Vanderburgh County led to the court ruling last month, filed a formal petition for a rehearing Thursday.

Barnes' attorney argues the ruling violates the Fourth Amendment of the U.S. Constitution.

"We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," part of the petition read.

The court issued its controversial 3-2 ruling May 12, declaring that Hoosiers no longer had a legal right to resist police officers who are entering their home without a legal basis to do so.

The ruling said homeowners could instead seek legal remedies through court proceedings after the fact.

The decision sparked large public outcry, including from state officials. Seventy-one Indiana lawmakers filed a joint brief with the Supreme Court on Wednesday, asking the court to reconsider its opinion.

Gov. Mitch Daniels and Attorney General Greg Zoeller have publicly questioned the decision.

Protesters rallied at the Statehouse last month.

The state has until June 27 to file a response to the rehearing request.

There is no timetable on when the Supreme Court could make any decision on the rehearing.