(Indianapolis, Ind.) - Indiana lawmakers are up in arms over a state Supreme Court ruling that residents cannot resist illegal police entry into their homes.
An attorney representing 71 state lawmakers has filed a brief seeking a rehearing on the ruling. Indiana Attorney General Greg Zoeller has also asked for a rehearing.
Those lawmakers point to a law passed in 2006 referred to as the “no retreat” law.
“Few issues before this court have galvanized the public’s attention and concern as the declaration in this case,” the brief said. “The public policy of this state, as embodied in the 2006 legislation, has been to grant our citizens greater autonomy to protect themselves from unlawful incursions into their homes.”
Critics say the ruling violates the Fourth Amendment which guards against illegal searches and seizures. It also erases centuries of common law precedent about homeowners' rights critics say.
Others have supported the law saying people should not be allowed to assault police officers when they think an entry is illegal.
State Sen. Johnny Nugent (R-Lawrenceburg) said during a Dearborn County Chamber of Commerce event in late May that he would support legislation next year to strengthen laws protecting homeowners’ rights.