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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Court: No right to resist illegal cop entry into home
#14446221 - 05/13/11 03:53 PM (12 years, 8 months ago) |
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http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html
Court: No right to resist illegal cop entry into home
By Dan Carden dan.carden@nwi.com, (317) 637-9078 | Posted: Friday, May 13, 2011 3:56 pm | (149) Comments
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.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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TTT
Cultivate the inside


Registered: 08/07/06
Posts: 4,340
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Re: Court: No right to resist illegal cop entry into home [Re: luvdemshrooms] 1
#14446255 - 05/13/11 03:58 PM (12 years, 8 months ago) |
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destructo_low
Oh yeah!




Registered: 10/07/08
Posts: 4,328
Last seen: 10 years, 8 months
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Re: Court: No right to resist illegal cop entry into home [Re: luvdemshrooms]
#14446280 - 05/13/11 04:02 PM (12 years, 8 months ago) |
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I suspect a few officers will be killed when they barge into people's homes, and the occupant reaches for their gun without realizing who just broke in.
-------------------- There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.
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gamer4life
Natures Child



Registered: 05/29/10
Posts: 810
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Re: Court: No right to resist illegal cop entry into home [Re: luvdemshrooms]
#14446361 - 05/13/11 04:16 PM (12 years, 8 months ago) |
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Another reason we need RON PAUL as president. We will have no more freedom or privacy at the rate we are going. I know some think that the economy needs to be the main concern for 2012, but I think our freedom is at a greater risk than ever before. We should make our civil liberties and legalization top priority. They are building more prisons at alarming rates, which means they are planning to lock more people up for non-violent crimes. Give this thought gentlemen, I love you all from spirit and we should be concerned about big brother telling us what we can and can't do, even if we're not hurting anyone. Prisons are built to keep America safe, but is locking up marijuana users/growers, cocaine addicts, meth addicts, and heroin addicts going to make this country any safer? "NO!" They want to impose their beliefs on us and make us abide by their rules for which they believe. Remember Ron Paul 2012 for freedom and civil liberties. Lets take our country back first then we can fix the other things such as economy, environment, and other issues. I may get on every-ones nerves for writing this often but I hope to reach out to you all and remind you that our freedoms and liberties are vanishing right before our eyes.
-------------------- Legalize! Stop putting our children in prisons.
Edited by gamer4life (05/13/11 04:24 PM)
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Black_Sunset
Amateur Anesthesiologist


Registered: 11/16/08
Posts: 2,451
Loc: Somewhere California
Last seen: 5 years, 7 months
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Re: Court: No right to resist illegal cop entry into home [Re: gamer4life]
#14446403 - 05/13/11 04:23 PM (12 years, 8 months ago) |
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how can you expect the court to rule they entered illegally after the fact when they are making calls like this in the first place. It's just a stepping stone on the path to a full-fledged police state
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LSDylan
bass music enjoyer



Registered: 05/26/10
Posts: 4,992
Loc: Michigan
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Re: Court: No right to resist illegal cop entry into home [Re: gamer4life]
#14446459 - 05/13/11 04:33 PM (12 years, 8 months ago) |
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Quote:
gamer4life said: Another reason we need RON PAUL as president. We will have no more freedom or privacy at the rate we are going. I know some think that the economy needs to be the main concern for 2012, but I think our freedom is at a greater risk than ever before. We should make our civil liberties and legalization top priority. They are building more prisons at alarming rates, which means they are planning to lock more people up for non-violent crimes. Give this thought gentlemen, I love you all from spirit and we should be concerned about big brother telling us what we can and can't do, even if we're not hurting anyone. Prisons are built to keep America safe, but is locking up marijuana users/growers, cocaine addicts, meth addicts, and heroin addicts going to make this country any safer? "NO!" They want to impose their beliefs on us and make us abide by their rules for which they believe. Remember Ron Paul 2012 for freedom and civil liberties. Lets take our country back first then we can fix the other things such as economy, environment, and other issues. I may get on every-ones nerves for writing this often but I hope to reach out to you all and remind you that our freedoms and liberties are vanishing right before our eyes.
amen
-------------------- DanceSafe | Voluntaryism
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Nature Boy
Stranger than most



Registered: 07/09/07
Posts: 8,241
Loc: Samsara
Last seen: 2 months, 7 days
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Re: Court: No right to resist illegal cop entry into home [Re: luvdemshrooms]
#14446483 - 05/13/11 04:37 PM (12 years, 8 months ago) |
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Outrageous...simply outrageous. That ruling will no doubt be challenged and overturned. The decision is patently WRONG.
This is the most fucked-up decision I've EVER heard of in my entire life.
N.B.
-------------------- All submitted posts under this user name are works of pure fiction or outright lies. Any information, statement, or assertion contained therein should be considered pure unadulterated bullshit. Note well: Sorry, but I do not answer PM's unless you are a long-time trusted friend. If you have a question, ask it in the appropriate thread.
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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: Court: No right to resist illegal cop entry into home [Re: luvdemshrooms]
#14446660 - 05/13/11 05:12 PM (12 years, 8 months ago) |
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How is that a violation of 4th amendment jurisprudence?
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 21 days
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Re: Court: No right to resist illegal cop entry into home [Re: Le_Canard]
#14446714 - 05/13/11 05:21 PM (12 years, 8 months ago) |
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> How is that a violation of 4th amendment jurisprudence? 
It depends upon how one reads "resist". If simply refusing to unlock the door to allow a police officer entry into a home is resisting, then it is a clear violation of the 4th amendment:
Quote:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The act of entering a home initiates a search, as a police officer, upon entry into a home, will see anything and everything that is in plain sight, legal or not.
-------------------- Just another spore in the wind.
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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: Court: No right to resist illegal cop entry into home [Re: Seuss]
#14446752 - 05/13/11 05:28 PM (12 years, 8 months ago) |
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Hm. Interesting and food for thought indeed. Thanks Seuss.
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theneatobandito



Registered: 02/26/10
Posts: 48
Loc: The Zeitgeist Movement
Last seen: 4 years, 1 month
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Re: Court: No right to resist illegal cop entry into home [Re: gamer4life]
#14446908 - 05/13/11 06:03 PM (12 years, 8 months ago) |
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Quote:
gamer4life said: Another reason we need RON PAUL as president. We will have no more freedom or privacy at the rate we are going. I know some think that the economy needs to be the main concern for 2012, but I think our freedom is at a greater risk than ever before. We should make our civil liberties and legalization top priority. They are building more prisons at alarming rates, which means they are planning to lock more people up for non-violent crimes. Give this thought gentlemen, I love you all from spirit and we should be concerned about big brother telling us what we can and can't do, even if we're not hurting anyone. Prisons are built to keep America safe, but is locking up marijuana users/growers, cocaine addicts, meth addicts, and heroin addicts going to make this country any safer? "NO!" They want to impose their beliefs on us and make us abide by their rules for which they believe. Remember Ron Paul 2012 for freedom and civil liberties. Lets take our country back first then we can fix the other things such as economy, environment, and other issues. I may get on every-ones nerves for writing this often but I hope to reach out to you all and remind you that our freedoms and liberties are vanishing right before our eyes.
He had my vote in the 2008 primaries, & he will have my support again. Spread the doctrine man!
-------------------- “In oneself lies the whole world and if you know how to look and learn, the door is there and the key is in your hand. Nobody on earth can give you either the key or the door to open, except yourself.” - Jiddu Krishnamurti
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ahchela
Tourist



Registered: 03/01/11
Posts: 399
Loc: Pacific North West
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Re: Court: No right to resist illegal cop entry into home [Re: theneatobandito]
#14446933 - 05/13/11 06:07 PM (12 years, 8 months ago) |
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-------------------- Psychedelics will not give you a lobotomy, but tv will.
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Cognitive_Shift
CS actual




Registered: 12/11/07
Posts: 29,591
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Re: Court: No right to resist illegal cop entry into home [Re: ahchela]
#14447105 - 05/13/11 06:41 PM (12 years, 8 months ago) |
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Gestapo-like.
-------------------- L'enfer est plein de bonnes volontés et désirs
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Humility
Working on it



Registered: 10/07/08
Posts: 6,745
Last seen: 6 years, 11 months
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Re: Court: No right to resist illegal cop entry into home [Re: Cognitive_Shift]
#14447360 - 05/13/11 07:28 PM (12 years, 8 months ago) |
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Lol
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5-HT2A
Registered: 01/30/10 
Posts: 1,794
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Re: Court: No right to resist illegal cop entry into home [Re: Humility]
#14448109 - 05/13/11 09:29 PM (12 years, 8 months ago) |
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Fuck Indiana then.
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SickDog
Boozenpottenkooter


Registered: 11/25/10
Posts: 73
Loc: Jersey Pines
Last seen: 2 months, 15 days
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Re: Court: No right to resist illegal cop entry into home [Re: 5-HT2A]
#14448282 - 05/13/11 09:55 PM (12 years, 8 months ago) |
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"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."
The officer illegally enters the home and gets shoved into a wall so law is changed in the officers favor to allow an unconstitutional search. WHO are these politics? How are they in power? Where has the power of the people gone?
America, you embarrass me.
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Dr. Myco
The Grand Bat



Registered: 06/06/10
Posts: 210
Loc: US
Last seen: 7 years, 3 months
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Re: Court: No right to resist illegal cop entry into home [Re: SickDog]
#14449173 - 05/14/11 01:30 AM (12 years, 8 months ago) |
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So police are practically except from the law on duty now? This is some of the worst bull I've seen.
-------------------- I don't use drugs to fill or fix a void in my life because they become a crutch, I use them to enhance what I already love. awesome new sig by 28064212
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tizjack
Tizzy



Registered: 09/20/10
Posts: 618
Loc: Melbourne, Victoria
Last seen: 8 years, 5 months
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Re: Court: No right to resist illegal cop entry into home [Re: Dr. Myco]
#14449270 - 05/14/11 01:57 AM (12 years, 8 months ago) |
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Glad im not in nazi America. But i assume Australia will follow, as our country is sucking the gigantic cock of the US. Our country is just a fucking puppet.
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SWEDEN
Miracle of Science


Registered: 10/25/04
Posts: 2,577
Loc: PNW
Last seen: 6 years, 8 months
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Re: Court: No right to resist illegal cop entry into home [Re: luvdemshrooms]
#14449667 - 05/14/11 05:06 AM (12 years, 8 months ago) |
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I can only see two things happening as a result of this law.
One, more cops will get shot because in their brazen overconfidence they kicked down the wrong door.
Two, the law will be repealed and everyone will be safer as a result.
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thelivingfreekshow
Fuck You



Registered: 02/07/11
Posts: 2,043
Loc: Prifddinas, Gielinor
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Re: Court: No right to resist illegal cop entry into home [Re: SWEDEN]
#14449695 - 05/14/11 05:31 AM (12 years, 8 months ago) |
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Fuckin scary...see how they spit on the constitution? They are almost forcing me to move my family to some obscure part of Alaska to have any freedom. I live 2 states away from Indiana....it could happen here. 1984, its coming. Theyre fucking Swine.
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