Indiana Supreme Court: citizens have no right to resist unlawful police entry
Quote:
In a move that flies not only in the face of the U.S. Constitution but defies common law dating back to the Magna Carta of 1215, the Indiana Supreme Court has ruled that residents of the Hoosier state have no right to resist unlawful police entry into their homes.
In a 3-2 decision, Justice Steven David, writing for the majority, expressed the view that
a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. 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.
Short version: A police officer is within his rights to enter a home for any reason or no reason at all, while a homeowner is powerless to block or interfere in any with the officer's entry.
The ruling is a blatant assault on the Fourth Amendment, which—“modern jurisprudence” notwithstanding—states:
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 court's decision arises out of a case in which a husband and wife were arguing outside their apartment. When police arrived to investigate, the couple retreated into their domicile. The husband attempted to close the door, but one officer forced his way into the apartment. The husband shoved the intruder against a wall, whereupon a second officer used a stun gun on the man and arrested him.
Speaking directly to the sequence of events in this case, Justice David stated that an individual whose home is illegally entered by police has recourse under the law to protest but only after, not during, the trespass.
Justice Robert Rucker, one of the two court members who dissented from the ruling, wrote:
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. I disagree. The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad.
Continue reading on Examiner.com: Indiana Supreme Court: citizens have no right to resist unlawful police entry - National Libertarian | Examiner.com http://www.examiner.com/libertarian-in-national/indiana-supreme-court-citizens-have-no-right-to-resist-unlawful-police-entry#ixzz1MYfKKIfb

sorry already posted
Edited by Mush 4 Brains (05/16/11 04:49 PM)
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