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To: jaydubya2

Indiana’s Supreme Court is usually far more level-headed. I am stunned by these decisions this week. There must be more to it than is being reported. I’ll have to find the decisions and read them for myself. I really do no believe that they would toss out the 4th Amendment.


49 posted on 05/13/2011 7:05:12 AM PDT by Teacher317 (really?)
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To: Teacher317
Do you happen to know the party affiliation of the justices and their respective votes on this case?
147 posted on 05/13/2011 1:58:06 PM PDT by Ken H
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To: Teacher317

From back in the days when police weren’t considered to be above the law:

http://www.constitution.org/uslaw/defunlaw.htm

“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”


148 posted on 05/13/2011 1:58:06 PM PDT by mvpel (Michael Pelletier)
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To: Teacher317
The decision is available here: Barnes vs Indiana (Acrobat PDF)
162 posted on 05/13/2011 3:11:40 PM PDT by newzjunkey (Stay focused: Debt, Deficits, Immigration.)
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