Kosciusko County Prosecuting Attorney Dan Hampton doesn’t believe any of the proposed changes to Indiana Senate Bill 1 would seriously affect Warsaw.
Senate Bill 1, which was approved by the Indiana House of Representatives with ammendments last Thursday, would give citizens the right to resist law enforcement who illegally enter their residence.
Hampton said that the bill might cause confusion in larger cities, but Warsaw should remain fairly unaffected.
“Knowing the general population of our county, I firmly believe that our communities’ respect and adherence to directions from a law enforcement officer will not change because of this proposed statute,” Hampton said. “If this statute is drafted correctly, it merely explains, as the current self-defense statute already points out, that the self-defense statute applies to all persons regardless of their profession.”
There is fear among law enforcement and attorneys across the state that this bill could create a misunderstanding with citizens that could be harmful to law enforcement.
“This law may create a misunderstanding or misinterpretation among certain individuals that it is now legal to use force against a law enforcement officer by a person who believes that the officer is acting unlawfully,” Hampton said. “The danger in this misinterpretation is that the person would be taking the law into their own hands and making their own legal interpretation without knowing all of the circumstances that the officer is acting upon.”
Hampton also said the proposed bill would not add any additional fear for law enforcement in Kosciusko County.
“Officers have to deal with the possibility of a citizen resisting arrest with force on a daily basis,” Hampton said. “This bill will not increase that fear, it is a part of the job.”
Last year the Indiana Supreme Court rendered a decision in Barnes vs. State of Indiana stating that it is not legal for citiznes to resist law enforcement in any capacity.
Indiana legislators responded to the ruling by drafting Senate Bill 1, a way to give citizens the right to resist unlawful entry.
There are exceptions to the law, Hampton said.
“Police can search a home when the officer smells an odor commonly associated with the manufacture of methamphetamine which, for safety reasons, it is an exigent circumstance to clear the home of its occupants without a search warrant,” Hampton said. “If the officer smells the odor consistent with marijuana coming from a home, he must identify himself before entering the home. He may enter to preserve evidence, but not search the home. He can remove all of the occupents before applying for a search warrant.”
Hampton also said that as a general rule a police officer knows the law and will act in accordance with it.
The safety of officers is important to Hampton and he hopes the bill will not adversely affect local law enforcement.
“The safety of the police officer is always at risk when making legal entry into a person’s home because the officer does not know the intent of the occupants,” Hampton said. “All Indiana law enforcement officers are cognizant that their lives are at risk every day due to their oath in upholding and enforcing the laws of the State of Indiana, preserving the peace, and protecting all citizens and their property. Hopefully, SB1 will not be an added danger due to a misinterpretation of its content or meaning.”
