Topic: Indiana court: No right to resist 'unlawful police entry'

[Damfino]

Cameras tracking your every move, cell phones & Ipads tracking your wherabouts and now this...



The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."

In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking , including concerns for an officer's safety or that a suspect may escape or that evidence may be destroyed.

"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," wrote Justice Steven David. "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 can still be released on bail and has other opportunities to protest the entry through the court system.

The Northwest Indiana Times reports that the court's decision stems from a 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, according to the newspaper. 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.

Justices Robert Rucker and  Brent Dickson dissented, saying the court's decision runs counter to 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.


http://www.chicagobreakingnews.com/news/local/chibrknews-ind-court-no-right-to-resist-unlawful-police-entry-20110513,0,1713312.story

[zzpete]

  Nazi Bastards...!!!

[Damfino]

Well ZZPete....I ain't seen you around these parts for a coons age! Joining the relay as it comes through your area?

[zzpete]

  I wish. I just retired (working 7 days a week) and I haven't had time to get it running. I will be on standby for support. Gammaflat has my number and the Ford Ranger is ready! Picked up a couple of bikes though. A 12/69 CB750 and a 1/71 will post pics soon!

[tramp]

if they hear shooting, screaming or other life threatening noises i agree
but just to barge in
no way

[wardenerd]

law enforcement used to mean that.  Now its all about control.  tell nothing and say absolutely nothing.

[74cb750]

I do not like this ruling,
but then again, I am also not impressed with all the laws passed recently.
Especially the Patriot Act et al.

[mark]

Where's the 'unlawful entry'?

All I get from that article is that some a$$hole asked for a ride to jail and got it.

[Duanob]

Let em barge in now, sue em later. Could be your lottery ticket!

[Duke McDukiedook]

Do not resist the jackboot nazi police and their Stazi tactics, you will only enrage the filthy swine and force them to get rough upon application of the full cavity search.

[gnarlycharlie4u]

welp might as well take away 2nd amendment rights as well since that obviously can "unnecessarily escalate the violence of the situation" and poses a threat to our civil servants.

[gnarlycharlie4u]

Where's the 'unlawful entry'?

All I get from that article is that some a$$hole asked for a ride to jail and got it.

well it turned into a supreme court case so by that point the jackhole and what he did has nothing to do with it. he's probably already served his sentence.

the supreme court is to argue the constitutionality of the situation, or a very specific part of the court's decision.