Court: No right to resist illegal cop entry into home
#1
INDIANAPOLIS | Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry.

"We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David said. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."

David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.

The court's decision stems from a Vanderburgh County case in which police were called to investigate a husband and wife arguing outside their apartment.

When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter. When an officer entered anyway, the husband shoved the officer against a wall. A second officer then used a stun gun on the husband and arrested him.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence.

"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court's decision runs afoul of the Fourth Amendment of the U.S. Constitution.

"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling.

But Dickson said, "The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad."

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.


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#2
Holy Shit! SCo_hmmthink
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#3
Damn the "Commies" have taken over!!!! Has everybody with any common sense, left the building??? Crazy Seems to me it won't be long before there standing at every street corner demanding "PAPERS must have YOU's PAPERS!" Sorry watched 1 to many episodes of Hogans Hero's but you get the point.
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#4
Bye Bye Freedom! It was good to know you.
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#5
Does anyone remember what there saying was ? I do and it went like this.

WE Will Defeat You From With In. Seems Like they are now doing just that ! Crazy
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#6
I'm gonna agree with the cops on this..domestic violence was reported, both partys were inside..how were the cops to know if the woman inside was beaten senseless ?
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#7
The problem that presents itself is the erroding of our Constitution and the rights it affords us. The Constitution is the highest law of this land and guarentees the U.S. citizen in it's Fourth Ammendment the protection of unlawful search and seizure. The forefathers of our great county personally understood the need for just such an ammendment. There is an answer for such cases as suspected domestic violence (exigent circumstance) but ignoring our Fourth Ammendment is not it.
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#8
I feel that our government is going way to far . We also have a field Marshall who is over the whole country . The government is being taken over by afew people . Who are doing this so we the people can,t have any rights . Remember the German people fell to Hitlers Grand Plain . If we do not stop this madness now . The USA will fall at the hands of just a few people . History Is already starting to repeat it self . We are now in pre Nazi Germany time line . Remember Adolf Hitler was Germany,s Feil Marshall before World War 2 . Adolf Hitler started with just 3 people . He also used the children to over throw the Goverment as well as turn on their familys . This is now happening here in our country . Your children are told to turn in any family member if he or she is breaking any laws . Your children are being told at their Schools to tell a teacher . If something is happening that isn,t right there . The children are who will be in control sooner than you will think . The Goverment is already trying to remove as many rights as they can now !!! If we don,t fight back now . The Free People of the USA are done . We need to get our Country Back . If we lose our Rights . Are country has been Over Throwed With Out Firing ONE SHOT . Don,t let our Great Nation become The Next Nazi Germany . If it isn,t to late THIS NEW Adolf Hitler Wanna be is going to Distroy All Of US . I like my freedom . C . L . USA SCo_hmmthink
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