Author Topic: Indiana decides "unlawful police entry" is kinda okay (Read 4293 times)

CrossEyed7 · « **on:** May 14, 2011, 04:34:16 PM »

Link

Unlawful police entry is still unlawful, but you don't have a right to resist it.

Isn't that kinda like saying it's illegal to steal, but you don't have a right to not be stolen from?

Quote

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."

So yeah.

CoconutMikeNIke · « **Reply #1 on:** May 14, 2011, 04:44:36 PM »

So wait, they think there will be LESS violence from unlawful entry? All I can see is a lot more explaining why the person who barged into my home has bullet sized holes, not less violence.

ShadowBrain · « **Reply #2 on:** May 14, 2011, 05:33:52 PM »

Well, now I know that all I need is a convincing officer costume, and suddenly I can become Link.

BP · « **Reply #3 on:** May 14, 2011, 06:26:12 PM »

So what happens if police search your place without a warrant? Can you sue them? Can you sue them even if they find what they're looking for?

What a hassle

CoconutMikeNIke · « **Reply #4 on:** May 14, 2011, 07:07:37 PM »

Even if they found what they were looking for, it would be useless for them. Unlawful is unlawful, and therefore inadmissable in court.

BP · « **Reply #5 on:** May 14, 2011, 07:45:06 PM »

Egad man, what's the point!

PaperLuigi · « **Reply #6 on:** May 14, 2011, 07:50:39 PM »

This is absurd. Utterly absurd. Let's make an analogy here. We can resist an unlawful attack on our life. This is lawful because it's self-defense.

And yet, according to this ruling, we can't resist unlawful police entry.

Weegee · « **Reply #7 on:** May 14, 2011, 07:59:07 PM »

Resisting police entry is essentially a confession of guilt or at least of being white trash, but this is still silly.

A · « **Reply #8 on:** May 15, 2011, 12:46:48 AM »

Only terrorists have something to hide.

BP · « **Reply #9 on:** May 15, 2011, 01:45:44 AM »

In case anyone did not think the above post was sarcastic

That's no reason to allow unwarranted invasions of privacy. Let things like this slide and it'll keep piling up until we have no reason not to be terrified that our government is watching our every move just waiting for a reason to punish us. Not exactly the kind of thing the United States was founded for

nensondubois · « **Reply #10 on:** June 21, 2011, 10:46:59 PM »

"modern Fourth Amendment jurisprudence"

The New America "Land of the Not-so free" ~ Only a matter of time until you are only allowed to breathe 1,000 times daily otherwise you will lawfully be castrated. So sit back and enjoy in the meantime.