Comment by scottlamb | Hacker News Reader

Comment by scottlamb | Hacker News Reader

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Good? As a Californian who doesn't own a gun and hasn't fired one in 20 years, I'm unlikely to take advantage of that law, but I appreciate that it exists. A SWAT assault that isn't preceded by presenting a valid warrant is just a heavily-armed home invasion, and home owners absolutely should be able to respond to those. That was presumably already legal, but if "enshrining" it into law as you put it makes it pointedly obvious to the police that they can be legally shot dead if they don't follow a safe, legal procedure, great. Maybe swatting will be less of a thing then...

Edit: wow, just saw this part:

> Why did Indiana push this law? The state Supreme Court had previously ruled that citizens had no legal right to resist police officers, even in a case of unlawful entry

What a crazy ruling. I guess this law is checks and balances in action in two ways...

If you think about it in practical terms, I don’t think this is a good law. What’s going to happen if a house owner is opening fire at a heavily armed police team that is conducting an illegal raid. Is the police going to stand down and reassess the legality of their entry? Or are they going to shoot back? And what’s the likely outcome? Dead owner and dead police. Great.

Now, if you’d really want to dissuade the police from making illegal raids, make them liable for all damages, slap on penalties and put the burden of proof on them. Police entered and cannot prove it was legal? Pay fine, repair damage. At the same time lower the bar for personal liability for the officers: Can’t demonstrate that they did at least the basic due diligence? Pay out of their own pocket.

> Now, if you’d really want to dissuade the police from making illegal raids...

Why not both?

I don't think it's necessarily wise for a homeowner to open fire when outnumbered like that, but it's their right to make that choice when armed intruders break into their home. (And really without the whole knock, announcement, warrant thing the home owner doesn't know the intruders are police.) Making this clear shouldn't exclude these other excellent ideas.

The police dont pay fines or repair anything - tax payers do. But cops do enter the houses where they might find someone that answers fire. Only the latter is a dissuasive.

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