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Locked on 05/14/2011 8:49:55 AM PDT by Admin Moderator, reason:
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Posted on 05/13/2011 6:33:44 PM PDT by WildSnail
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.
(Excerpt) Read more at nwitimes.com ...
What constitution? Ever hear of the TSA?
"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"
If I were a cop I probably would consider this situation as an exigent circumstance, unless the wife came to the door to confirm.
The husbands beligerant actions would arise doubts as to his demeaner.
I wonder how it it was decided that this was an illegal entry considering the circumstances.
The ruling as a broad slash at the constitution however is just plain wrong!
“All animals are equal....some are just a little more equal...”
A Democrat, no doubt.
This decision can NOT stand!
So, it's not an issue involving a cop doing something unlawful, but rather an issue where a non resident decided to physically abuse a cop otherwise lawfully occupied who just happened to be there.
The law, in general, provides that you can't just go beat up people 'cause you feel like doing it.
Yeah... no!
THE FOURTH AMENDMENT IS
STILL IN THE BILL OF RIGHTS
and still prohibits unreasonable searches and seizures
and sets out requirements for search warrants based on
probable cause.
“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.”
There was no decision that the cop’s entry was unlawful. That’s simply Mr. Barne’s lawyer’s assertion.
That info was not in the source link.
Got more info?
She'd invited the cop into the apartment. The man had already informed the cop that he was not a resident of the apartment.
So, what's your complaint?
Are you just an Obot here to make FR folks look IGNANT!
I think they should call you on their cell phone and tell you they are at the front door.
That happened twice right before Mother's Day only it wasn't cops lol.
...and some people want to make this RINO the Republican nominee for president.
All the information is available to everyone who is willing to punch links.
The NW article is kind of like propaganda. There's some truth in it; the Court went out of bounds (they didn't even need to prepare a decision here); and the decision has many more factoids than the news article.
None of us agree with the decision ~ it's too broad for the sort of case involved, and it's simply hypothetical. You don't expect that sort of nonsense out of a top end court.
On the other hand there was no unlawful entry ~ just a punk POd at his estanged wife and thinking he ought to push around the cops she'd called to her apartment!
There are limits ~ and all that happened is this punk got tazered. In the old days he'd have broken bones I am sure. Ain't modern science great stuff!
Bring a body bag with you, one of us is not walking out my house alive!
If an American is unwilling to stand against this blatant disregard for your fourth amendment protections placed in the Constitution specifically to restrain the government from abusing Americans, then what in the hell will you stand up for?
It would be interesting to see SCOTUS deal with this one. Fortunately even if they get it wrong each state can provide more constitutional protection to its citizens.
Sad day for Indiana though.
Lady made a 911 call ~ that’s probable cause. The cops never need warrants in these cases.
If the cop did not have a warrant or exigent circumstances to enter, he did so unlawfully.
Seems like a great way to cover those “aw shit” moments when SWAT busts down the door.......at the wrong address.... >PS
They made the law, now try to enforce it.
I may not have the right but I do have the ability.
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