Court: No right to resist illegal cop entry into home

Court: No right to resist illegal cop entry into home

www.nwitimes.com

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.

(visit the link for the full news article)

Sorry, this is to big, I had to post it here.

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

Yeah right. Of course, this ruling is GOOOOOOOOD. I mean, it help stop violence! Keep laying down in front of the government destroying and raping the constitution, that's what a good American does!

"(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."

Yeah right. Sue the cops. Like people have time or money to do this. 99% of people do not. And that is if you're ever gonna win...

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."

Those two judges get it.

But this isn't all of it :

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.

No warrant, no knock entering of home.

Those judges are fascists bastards.

They just openly killed the fourth amendment... if it wasn't already dead (which it was).

www.nwitimes.com
(visit the link for the full news article)

Utterly ridiculous. The courts in America just make stuff up.

Isnt Indiana an firearm open carry state? What happens if a cop enters my home without knocking and gets shot? Sometimes I think police put themselves in this position just to justify using more force (SWAT) against ordinary citizens...

When does it stop because eventually we will all be completely enslaved to the system with them daring us to break the law for they will snap us in two like a tooth pick in a lions mouth.

reply to post by Vitchilo


I'd have to look up the relevant cases, but does this also overturn precedent previously set saying that deadly force is authorized against police when they're acting outside rightful official capacity and harming or wrongfully arresting people? I'd say that applies here as well...

It's a creeping authoritarianism and I've said it before and I'll say it again, I'm an american and the constitution is my supreme law - and my home is my castle.
Marbury v Madison:

"All laws which are repugnant to the Constitution are null and void."

I'm tired of police breaking into the wrong homes, then refusing to fix any damage they caused. I'm tired of them getting a free pass to get away with pretty much any wrong they do. And now they can just walk into my house...even if it's the wrong one as happens so often? Nah. I'm not advocating violence, but you reach into the beehive and you're likely to get stung.
T. Jefferson:

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.”

Stay safe out there, but remember what Franklin said about liberty and safety as well:

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."

Eventually the sleeping giant that is the american spirit will reawaken (I certainly hope!). Then we'll see things happen here that we haven't in...what, about 240 years?

Side note: this is marginally related as I'm not sure how much he could do to help from the top-down, which is why is important for us to get involved from bottom up, but as he firmly believes and always states that the role of gov't and its agents is to protect the privacy and liberty of the people, instead of vice versa, I'd like to toss this out there for any who might somehow not be aware of him - Ron Paul officially announced his candidacy for the 2012 presidential race today:

"(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."

Not sure of Indiana's laws, but is there a law in place that makes filming LEO's illegal in Indiana? If so, then to be able to prove that there is wrongdoing on the LEO's part would be next to impossible. Their words hold more water than the citizens. Without proof, it is pointless to even pursue legal action.

Just look at the recent spate of LEO's and SWAT teams raids on wrong addresses wherein the officers open fire on family pets. Nothing has become of those cases because the guilty parties deny any wrongdoing. Case closed.

How about they take steps to create a system that allows a double check of whether or not they have the right intel?
We civilians are not in control of the info they receive before a raid, they themselves are. So why is the burden being put into our hands?

...but as usual, we are ALL guilty until proven guilty here in Amerika.

reply to post by Vitchilo


These judges should be impeached due to what is an ignorance of the constitution. Hopefully the ACLU will get engaged here and drive this up to the US Supreme court, where I would assume it would be overturned.

Our freedoms are under assault and being chipped away by every level of government we are essentially living in a 1984 society now with our activities and behaviors under constant observation by the government.

I have denied police entry into my home twice, in both cases very respectfully and in both instances the police were cool, but pissed off. In one instance I stood on my porch in the pouring rain to speak with them and when they asked if we could get out of the rain I suggested we sit in their cruiser. They left.

Best not to open the door at all and if they look to be getting ready to enter absent your consent, stand in the threshold with your arms up in the air with your video camera on and make them physically move you. Then contact a lawyer.

reply to post by Vitchilo


I hope some domestic terrorists in indiana get some 00 buckshot to the face trying to pull this crap. Yes I know indiana should be capitalized but I have no respect for that state so it doesn't get a capital letter.

Then most here will probably be interested in a anti-home entry system (relatively cheap) that is guarenteed to stop ANY door breech. Will offer them for sale here in a few weeks. Granted it won't stop anyone from cutting a hole in the side of your house...

If you own your home outright with no debt, you have to pay property tax or lose it to the Govt.

Now that same house can be entered without a warrant.

If it can be taken away from you and you have no choice who comes in your front door, do you really own it?

Martial Law has reared it's head. First one State, then the Country.

I'm Canadian and I feel sad for our neighbors but also my Country as I know it will soon be here.

reply to post by Vitchilo


one more reason not to dial 911. ever. our goose-stepping overlords have carte blanche to do as they please. as we see here, the presiding judge will back them up. and most of us know from having read dozens of news articles, these law enforcement professionals are free to beat, tazer or shoot a unarmed person, perhaps even kill them, and the most that happens is a few weeks paid vacation while a blue ribbon panel of their friends declares the happening justified.

Mr.Hitler is watching the USA from his grave and nodding in approval.

This is part of an overall social-engineering strategy to criminalize self-defense.

The establishment wants it codified and understood, from their perspective you are sheep, part of the herd, and your judgment confers no rights upon you that any 'authority' figure chooses to reject.

To call this basely unconstitutional is a gross understatement.

But rest assured, the BAR members have already acquiesced to the adjustment in social order, since it barely affects them anyway.

Ha, I wouldnt give a flying # i would shoot them anyway! Cant believe Indiana just becomae a fascist police state.

Got news for you, the PATRIOT act gives them the authority to enter your home at any time, regardless of whether you've been charged with a crime, and regardless of whether you are home or if they have a warrant.

And 62 million Americans reelected George Bush, who put this plan into place.

"Those who give up freedom for security deserve neither freedom nor security".

This amounts to legislating from the bench in my opinion. They effectively repealed the 4th amendment.

Here is a related thread on the same topic.

www.abovetopsecret.com...

Originally posted by pityocamptes
Then most here will probably be interested in a anti-home entry system (relatively cheap) that is guarenteed to stop ANY door breech. Will offer them for sale here in a few weeks. Granted it won't stop anyone from cutting a hole in the side of your house...

How about the FBI breaking in your front door with a tank? Be careful what you claim - ANY door breach? Good luck with that.

It is the judges duty to uphold the law, not remake it in thier own image. this is complete and utter BS. I agree these judges should be impeached and thier license to practice law revoked!

Originally posted by EssenceOfSilence
This amounts to legislating from the bench in my opinion. They effectively repealed the 4th amendment.

Here is a related thread on the same topic.

www.abovetopsecret.com...

The PATRIOT act already repealed the 4th ammendment, the bench had nothing to do with it.

They are just trying to scare people into not resisting when the time comes to resist. I guess they will learn the hard way that petty scare tactics wont work. #in cowards