Gov. Daniels Signs Police Entry Bill

(Indianapolis, Ind.) - Indiana Governor Mitch Daniels has signed a bill to strengthen Indiana’s law against illegal police entries.

Senate Enrolled Act 1 allows Indiana residents to resist an illegal police entry into their home, but only if they are convinced the officer is entering unlawfully.

The issue ignited both lawmakers and citizens concerns when the Indiana Supreme Court ruled last year that residents could not resist illegal entries.

When signing the bill into law Tuesday evening after close inspection, Daniels said it will also help protect police.

“Contrary to some impressions, the bill strengthens the protection of Indiana law enforcement officers by narrowing the situations in which someone would be justified in using force against them,” Daniels said.

The governor said the bill first clarifies and restates the current requirement that a person reasonably believe the law enforcement officer is acting unlawfully.

Second, it states the force must be reasonably necessary to prevent serious bodily injury, a requirement not in Indiana’s current law.

“Moreover, 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,” Daniels said, stressing that the law is not an invitation to use violence or force against officers.

"Chances are overwhelming you will be breaking the law and wind up in far worse trouble as a result,” he said.

State Rep. Jud McMillin (R-Brookville) was one of the SEA 1’s major proponents. He was the bill’s main sponsor in the House.

The bill is among the final proposals from the 2012 legislative session to be signed into law by the governor, who now has no other bills pending on his desk.

Daniels did not veto a single one of the 161 bills passed by the legislature this year.