I am very sorry to hear about your trouble. I know this probably is not what you want to be doing.
Unfortunetly, my guess is that your going to have trouble on #5 under 35-43-2-2 Criminal tresspass. It sounds like you did everything without trying to cause intimidation but you did enter the house without permission. You left when asked but I don't think that changes the fact that you entered.
IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
(3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent;
I can't see anywhere that they can get you on intimidation because you didn't do anything other than carry your firearm legally.
But it's that darn CT that get's me. "S" was told she could come into the house but you were not. So while in real life we don't each stop at the door and ask if that "meant me too", it still can get tricky when the law wants to get you. This is probably one of the best reasons to just comply fully with the officer, which you did, and to be very humble and respectful.
Where exactly were you when "Y" stopped you? Were you "in" the house or were you starting to enter the house? Maybe it can be argued that you reasonably believed that you had permission to enter when "Y" said "S" could enter if you were in close contact with "S" when "Y" told her she could get her stuff.
I think that the intimidation thing goes away easy because someone that wants to intimidate does not turn right around and walk away when asked too. But that other one is going to be a little tricky. In this case I would have opted for CC if you felt that you wanted to carry. At least you could argue that it was not your intention for "Y" to see it, you made every attempt to cover it but it showed when you bent over.
Honestly, if someone came to my house that I have kicked out but now they have two people to help them and they both have guns, they are not coming in my house either. I am sure that I would have reacted in the same way as "Y". Especially late at night.
Probably not your best decision but what's done is done. I hope that cooler heads will prevail and that you will not be convicted. Technicalities can be a bi*ch and a blessing depending on which way they fall for you...
Unfortunetly, my guess is that your going to have trouble on #5 under 35-43-2-2 Criminal tresspass. It sounds like you did everything without trying to cause intimidation but you did enter the house without permission. You left when asked but I don't think that changes the fact that you entered.
IC 35-43-2-2
Criminal trespass; denial of entry; permission to enter; exceptions
Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent;
(2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or that person's agent;
(3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without the person's consent;
I can't see anywhere that they can get you on intimidation because you didn't do anything other than carry your firearm legally.
But it's that darn CT that get's me. "S" was told she could come into the house but you were not. So while in real life we don't each stop at the door and ask if that "meant me too", it still can get tricky when the law wants to get you. This is probably one of the best reasons to just comply fully with the officer, which you did, and to be very humble and respectful.
Where exactly were you when "Y" stopped you? Were you "in" the house or were you starting to enter the house? Maybe it can be argued that you reasonably believed that you had permission to enter when "Y" said "S" could enter if you were in close contact with "S" when "Y" told her she could get her stuff.
I think that the intimidation thing goes away easy because someone that wants to intimidate does not turn right around and walk away when asked too. But that other one is going to be a little tricky. In this case I would have opted for CC if you felt that you wanted to carry. At least you could argue that it was not your intention for "Y" to see it, you made every attempt to cover it but it showed when you bent over.
Honestly, if someone came to my house that I have kicked out but now they have two people to help them and they both have guns, they are not coming in my house either. I am sure that I would have reacted in the same way as "Y". Especially late at night.
Probably not your best decision but what's done is done. I hope that cooler heads will prevail and that you will not be convicted. Technicalities can be a bi*ch and a blessing depending on which way they fall for you...
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It's hard enough to get through Schererville in 10 minutes.
