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 Post subject: Supreme Court Tosses Out 4th Ammendment
PostPosted: Fri May 13, 2011 5:31 am 
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Court: No right to resist illegal cop entry into home

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 said. "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 still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.

The court's decision stems from a Vanderburgh County 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. 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.

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

"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(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."

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."

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling.

But Dickson said, "The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad."

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.


http://www.nwitimes.com/news/local/govt ... 29697.html

:shock:

Make NO mistake about it despite what the judge said. In the words of Joe Biden this is a big fu*king deal. What this idiot fails to understand that this is exactly what the Constitutional provision was to guard against and modern opinions cannot change the fact that it is illegal to misinterpret the Federal Constitution deliberately. As the old saying goes if you don't like the law work to change it. But a state court choosing to toss out part of the Constitution just because it wants to makes the entire Constitution null & void. Honestly you should be mad as hell about this regardless of how you feel about protecting cops or whoever is invading your property illegally. If there is a legitimate reason to enter follow the Constitution which says no unreasonable search & seizure - get a warrant. There is a good reason it is difficult to alter the Constitution. It is precisely so the government can't steal away your rights just because it takes a fancy to.

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 Post subject: Re: Supreme Court Tosses Out 4th Ammendment
PostPosted: Fri May 13, 2011 10:32 am 
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Regionite wrote:
Court: No right to resist illegal cop entry into home
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.

That is the scary part...sounds like welcome to the Communist State of Indiana! A cop can just bust into anyone's home just because they feel like it!!

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 Post subject: Re: Supreme Court Tosses Out 4th Ammendment
PostPosted: Fri May 13, 2011 8:08 pm 
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chuckmo48 wrote:
Regionite wrote:
Court: No right to resist illegal cop entry into home
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.

That is the scary part...sounds like welcome to the Communist State of Indiana! A cop can just bust into anyone's home just because they feel like it!!



This opens up the door to harassment for political purposes.The legal recourse afterwards is a joke. How many people have the finances to pay lawyers?


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 Post subject: Re: Supreme Court Tosses Out 4th Ammendment
PostPosted: Wed May 18, 2011 10:13 am 
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This facist decision has been brought to you by the Indiana Republicans because whenever you need to toss out a pesky amendment you can always count on the Indiana Republicans.

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 Post subject: Re: Supreme Court Tosses Out 4th Ammendment
PostPosted: Thu May 19, 2011 4:21 pm 
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I can think of one real good reason this needs to be overturned by the Supreme Court as soon as possible. Because it would allow crooks to impersonate cops and you would not have a right to challenge their authenticity or refuse entry because they will insist on immediate entry to your home. Now that's a scary thought!

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Apparently it's about cast preservation. We are no longer the United States of America. Today we are the Obama nation which causes desolation. When you think Obama & the Dems are saying they want fair taxes they really mean fare taxes for all.


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 Post subject: Re: Supreme Court Tosses Out 4th Ammendment
PostPosted: Thu Jun 09, 2011 7:35 pm 
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Don't answer the door!

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Even for you, that's a whole new mountain of stupid.


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 Post subject: Re: Supreme Court Tosses Out 4th Ammendment
PostPosted: Tue Sep 20, 2011 11:28 pm 
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That wouldn't work.

http://www.nwitimes.com/news/state-and- ... ba467.html

I have a sign on my door that says no solicitors so I know if a solicitor comes knocking I can't trust them. So now I'm gonna put another sign on my door. One that says if you enter without my permission you WILL die, final warning. So if a cop ignores the sign he deserves what he gets.

A state Supreme Court does not have the right to re-write the US Constitution. This is exactly the reason we have a law preventing unreasonable search & seizure and a right to bare arms. It is to protect us from a corrupt government.

I understand the desire to carve out an excuse to protect cops but that doesn't make it right and yes it does encourage misbehavior despite any claims to the contrary. Any time cops bust in to a house there is a potential that innocent people or pets could be injured or killed by accident. But if I'm asleep and someone comes busting in and I have neither the time or ability to determine if it's a cop or an impostor I'm screwed either way. I mean it's not like cops have never showed up at the wrong house before either. Someone makes an anonymous 911 call from a burner phone and suddenly I lose my right to protection from an unreasonable search?? :roll:

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Apparently it's about cast preservation. We are no longer the United States of America. Today we are the Obama nation which causes desolation. When you think Obama & the Dems are saying they want fair taxes they really mean fare taxes for all.


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 Post subject: Re: Supreme Court Tosses Out 4th Ammendment
PostPosted: Wed Sep 21, 2011 8:19 am 
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Regionite wrote:
That wouldn't work.

http://www.nwitimes.com/news/state-and- ... ba467.html

I have a sign on my door that says no solicitors so I know if a solicitor comes knocking I can't trust them. So now I'm gonna put another sign on my door. One that says if you enter without my permission you WILL die, final warning. So if a cop ignores the sign he deserves what he gets.

A state Supreme Court does not have the right to re-write the US Constitution. This is exactly the reason we have a law preventing unreasonable search & seizure and a right to bare arms. It is to protect us from a corrupt government.

I understand the desire to carve out an excuse to protect cops but that doesn't make it right and yes it does encourage misbehavior despite any claims to the contrary. Any time cops bust in to a house there is a potential that innocent people or pets could be injured or killed by accident. But if I'm asleep and someone comes busting in and I have neither the time or ability to determine if it's a cop or an impostor I'm screwed either way. I mean it's not like cops have never showed up at the wrong house before either. Someone makes an anonymous 911 call from a burner phone and suddenly I lose my right to protection from an unreasonable search?? :roll:



This ruling is b.s. If anyone breaks down my door in the middle of the night, I will shoot first, and ask questions later. I have a right to protect my children, pets, and anyone else who lives in my house. This ruling must make the crooked politicians just rub their hands with glee, because now they can legally harass innocent citizens, by law.


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