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Indiana Supreme Court rules Hoosiers have no right to resist unlawful entry of homes by police
Hotair ^ | 05/16/2011 | Bruce McQuain

Posted on 05/16/2011 8:46:27 AM PDT by SeekAndFind

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4th Amendment? We don’t need no stinkin’ 4th!
1 posted on 05/16/2011 8:46:31 AM PDT by SeekAndFind
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To: SeekAndFind


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Indiana Supreme Court rules Hoosiers have no right to resist unlawful entry of homes by police
 
05/16/2011 8:46:27 AM PDT · by SeekAndFind
Hotair ^ | 05/16/2011 | Bruce McQuain
No, you read it right. That’s what the Indiana Supreme Court decided in what would be a laughable finding if it wasn’t so serious: 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. The author of the story reporting this is right – somehow the ISC managed, in one fell swoop, to overturn almost 900 years of precedent, going back to the Magna Carta. In a 3-2 decision, Justice Steven David writing for the court said if...
 

Court: No right to resist illegal cop entry into home‏
 
05/16/2011 6:25:46 AM PDT · by Cheeks · 38 replies
nwitimes.com ^ | 5/13 | Dan Carden
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...
 

No Right to Resist Unlawful Police Entry: Indiana Supremes
 
05/15/2011 8:17:50 AM PDT · by KeyLargo · 64 replies
Outside the Beltway ^ | May 14, 2011 | James Joyner
Outside the Beltway No Right to Resist Unlawful Police Entry: Indiana Supremes James Joyner May 14, 2011 For as long as the notion of individual rights has existed, one of them has been the notion that one’s home is sacrosanct. As of Thursday, that’s no longer true in Indiana. AP (“Court: No right to resist unlawful police entry“): People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law. The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers...
 

(Indiana) Court: No right to resist unlawful police entry
 
05/14/2011 3:32:09 AM PDT · by markomalley · 138 replies
AP/Chicago Tribune ^ | 5/13/11
People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law. The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said. "We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment...
 

Court: No right to resist illegal cop entry into home
 
05/13/2011 6:33:44 PM PDT · by WildSnail · 81 replies
NWI Times ^ | Friday, May 13, 2011 3:56 pm | Dan Carden
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.
 

Court: No right to resist illegal cop entry into home
 
05/13/2011 6:33:44 PM PDT · by WildSnail · 81 replies
NWI Times ^ | Friday, May 13, 2011 3:56 pm | Dan Carden
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.
 

Court: No right to resist illegal cop entry into home[Indiana]
 
05/13/2011 6:35:22 AM PDT · by jaydubya2 · 194 replies
nwitimes ^ | Thursday, May 12, 2011 | Dan Carden
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...
 
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2 posted on 05/16/2011 8:49:10 AM PDT by E. Pluribus Unum (Islamophobia: The fear of offending Muslims because they are prone to violence.)
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To: SeekAndFind

Do the police at least have to have a warrant?


3 posted on 05/16/2011 8:53:37 AM PDT by napscoordinator
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To: SeekAndFind

It was to be expected, after we’ve suffered through the Illegal invasion of 1600 Pennsylvania Avenue.


4 posted on 05/16/2011 8:55:09 AM PDT by To-Whose-Benefit? (It is Error alone which needs the support of Government. The Truth can stand by itself.)
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To: napscoordinator

We don’t need no stinkin’ warrants!


5 posted on 05/16/2011 8:57:37 AM PDT by NoKoolAidforMe (Show me the body!!!)
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To: To-Whose-Benefit?

When is this shitheads term up? I will gladly help show him the street.


6 posted on 05/16/2011 8:58:57 AM PDT by Gasshog (going to get what all those libs asked for, but its not what they expected.)
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To: napscoordinator
Do the police at least have to have a warrant?

Man, you'd hope so, but unlawful is a very broad brush to be sure.

7 posted on 05/16/2011 8:59:02 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: napscoordinator

RE: Do the police at least have to have a warrant?

They do and should, but this report tells us that EVEN IF THEY DON’T, no one can resist UNLAWFUL entry.

The Courts were supposed to protect ordinary citizens from tyranical acts like these. This is just one of the dominoes that are slowly falling.


8 posted on 05/16/2011 9:01:10 AM PDT by SeekAndFind (u)
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To: SeekAndFind

‘Public policy’ not to escalate violence is their story? This is pure circular social justice type reasoning, not constitutional law. I’d argue that the lack of police deterrent that’s been created is going to escalate these kinds of incidents as cops now know they can act with impunity. Violence is escalated when cops act illegally, meeting violence with the appropriate application of force ends and deters violence, not escalates it.

The other part is that the court is giving up it’s own authority. Why would you tell the cops that they don’t have to come to you any more to be able to enter someone’s home? Cutting off your nose to spite your face.


9 posted on 05/16/2011 9:01:48 AM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead.)
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To: Gasshog

RE: When is this shitheads term up? I will gladly help show him the street.


And what if they insist, and refuse to leave?


10 posted on 05/16/2011 9:02:05 AM PDT by SeekAndFind (u)
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To: SeekAndFind

11 posted on 05/16/2011 9:04:47 AM PDT by JoeProBono (A closed mouth gathers no feet)
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To: SeekAndFind

Sounds like Nazi Germany! Is this one going to the SCOTUS?


12 posted on 05/16/2011 9:05:44 AM PDT by Paperdoll ( On the cutting edge)
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To: SeekAndFind

Guess I won’t be moving to Indiana if that is how they treat their residents.


13 posted on 05/16/2011 9:09:01 AM PDT by Joe Boucher ((FUBO))
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To: Paperdoll

RE: Is this one going to the SCOTUS?

Someone in Indiana ought to challenge this ruling as a violation of the US Constitution. If Mitch Daniels had any balls, he ought to start the process.

I hasten to add though, that we are hanging by a slim thread EVEN in our SCOTUS. everything depends on which side of the bed Justice Kennedy happens to wake up on in the morning.


14 posted on 05/16/2011 9:11:27 AM PDT by SeekAndFind (u)
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To: SeekAndFind

Countdown till (police uniforms are stolen from dry cleaners) fresh round of home invasions begin in 3....2...


15 posted on 05/16/2011 9:11:38 AM PDT by Michael Barnes
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To: SeekAndFind

16 posted on 05/16/2011 9:11:38 AM PDT by JoeProBono (A closed mouth gathers no feet)
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To: SeekAndFind; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ...
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.

Because, you know, it would be just asking too much to have the police actually justify a no-knock entrance to a judge, wouldn’t it?




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17 posted on 05/16/2011 9:13:03 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: SeekAndFind

I may be confused on this issue, but I don’t recall that common law authorized violent resistance to unauthorized entry by an officer of the law.

The court’s decision is not about whether the entry is legal or not, but about how the illegal entry can be legally resisted.


18 posted on 05/16/2011 9:13:08 AM PDT by Sherman Logan
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To: Sherman Logan

see fourth amendment

castle doctrine

(even the quartering act)

no government official, in any form, can just enter without a warrent.


19 posted on 05/16/2011 9:15:02 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SeekAndFind
...incompatible with modern Fourth Amendment jurisprudence...

Gee Whillakers! They're just 'modernizing' EVERYTHING these days, aren't they?! And golly, now that we have a genuine SAVIOR in the White house, and we KNOW we can rely on the government at ALL levels to look out for us, and take good care of us no matter WHAT, we don't need that out-dated 4th Amendment any more anyway!

And for those who disagree, wouldn't you feel just TERRIBLE if some of those nice, honest, hard-working government officials who only want what's best for YOU and me were to get hurt or killed just trying to do their job making us feel safe? I mean, shucks, no dusty old 'Constitution' with its fancy words and its unnecessary 'Amendments' could POSSIBLY be worth all THAT!

/s --------------------------> (for the unusually dense)

20 posted on 05/16/2011 9:16:04 AM PDT by WayneS (Enlightened statesmen will not always be at the helm. -- James Madison)
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