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Disturbing court ruling in Indiana: No right to resist illegal cop entry into home

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LAGC Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 12:33 AM
Original message
Disturbing court ruling in Indiana: No right to resist illegal cop entry into home
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."


http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

One more chip out of the Fourth Amendment block...
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napoleon_in_rags Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 12:37 AM
Response to Original message
1. There have been some related cases lately.
I can't recall the specifics, but a guy got busted for protecting a guy from assault from a plainclothes police officer.

Its all a mess, cops are getting set up with this stuff in a major way.
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LAGC Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 12:42 AM
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2. That's my biggest concern.
With so many plainclothes police officers, how can you know whether or not someone is really a cop? Just because they say so?
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99th_Monkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 01:12 AM
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3. So search warrents are a thing of the past now? Who needs 'em? Why even bother? ~nt
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Speck Tater Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 01:20 AM
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4. Doesn't seem like a problem to me...
At the rate the economy is going not many will even have homes to be entered by the police. There's no need to worry about protecting your home when you're homeless.

:sarcasm:
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emilyg Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 02:20 AM
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5. What the hell is happening to us.?
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classysassy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 02:33 AM
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6. I can see it now
a dumb ass cop enters a home unannounced,a nude female screams rape.Two wrongs don't make a right but the cop's ass probably will be in deep doo doo.
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Hissyspit Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 03:37 AM
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7. Of course you have the right to resist: U.S. Constitution and common sense.
Utter nonsense.

"In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court ruled that the amendment's protections do not apply when the searched party lacks a "reasonable expectation of privacy".

The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted."
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salvorhardin Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 09:27 AM
Response to Original message
8. Does a locked door constitute resisting now?
I can't see how this will hold up. It's just got to be unconstitutional.
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-14-11 11:22 PM
Response to Original message
9. And for their next trick...
...they'll rule that any evidence collected by an officer as a result of said unlawful entry will not be inadmissible.

Christ, I hope this goes to the SCOTUS, and that they'll overturn in. I also have fewer misgivings about the supreme court justices of my state of Washington being elected, all of a sudden.
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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-15-11 11:27 PM
Response to Reply #9
10. How often are they elected?
Do they have set terms/run for re-election, or is the position permenent until they resign?
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