12 votes

Indiana Supreme Court Shreds 4th Amendment

This breaks my heart--

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...

Continue at: NWI.com



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My two cents... well, not exactly mine, but...

“The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storm may enter, the rain may enter -- but the King of England cannot enter; all his force dares not cross the threshold of the ruined tenement!” ~ William Pitt

Oh, and I was born and raised in Gary, IN. Left it for the relative safety of the Marine Corps a long, long time ago...

Yours in Liberty,

Shovel

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote..." ~ Ben Franklin

"The 'cost of freedom' is risk and responsibility..." ~ Me

I sincerely hope that each of these traitorous justices

if one can still call them that, are the soon recipients of a 3am no-knock forceable entry by swat teams that fill them with lead as they try to find out just what the hell is going on and defend their homes. They deserve nothing less than to taste fate by their own design.

This is the line in the sand

and if these judges think this will subdue violence, they are idiots, this is going to get police killed and civilians. Come in my door without a warrant, I will be sending my family out the back and saying a little prayer.

Those who expect to reap the blessings of freedom must. like men, undergo the fatigue of supporting it.-Thomas Paine

The R3volution requires action, not observation!!!!

Per livefreeordie's post

Per livefreeordie's post below, I'd recommend filing for a writ of certiorari and getting it reviewed by federal courts, since the ruling is totally illegal.

It's like the Quartering Act

Since there is no such thing as "unlawful" entry anymore, what's the stop the cops from just picking a nice house and moving in with the family there? No one can lawfully remove them.

The worst thing about this is, it's just a launching point for even worse abuses, and it won't be contained within Indiana.

3rd Amendment

Sounds like that long forgotten 3rd amendment is in play quartering troops. I say fight this on 3rd, 4th and 14th amendment grounds. This was the first thing I thought when this ruling came down.

You made a great point, as did the poster below.

Thumbs up and a bump to you!

"Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the office of a thoroughly nasty business concern." ~~C.S. Lewis
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

Bingo. People forget about the 3rd amendment so often.

Yet its existence lends insight into how the Founders viewed the sanctity of the home. Not only does the 3rd show why this decision is wholly incompatible with the Constitution, but the 3rd also shows why eminent domain is NOT absolute, nor is it for whatever the government may want.

Thank you samadamscw

great points concerning both this decision and eminent domain.

"Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the office of a thoroughly nasty business concern." ~~C.S. Lewis
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

This reminds me of "Pre-Crime"...

...were you can be "Pre"-Arrested for a "Pre-Crime" you have not even commited.

These people disgust me.

Just look at how they play cute, little word games with us.
It's nothing but these degenerates trying to justify and give themselves powers they should not have and trying to make it sound legitimate.

RON2012PAUL...The r3VOLution continues...
"I always win"
http://youtu.be/Xtl2ZuJpG9M
+GOLD and SILVER are money+

Why aren't the people of

Why aren't the people of Indiana screaming from the rooftops. This judge needs to be removed from his position. He was put there to follow the law and uphold the constitution but it is clear he is hell bent on dismantling it. He is a disgrace, by stating that one can protest unlawful entry or arrest for that matter after the fact is nothing short of indifference on his part. It is cruel punishment if an innocent person has to go through the nightmare of protesting unlawful entry and arrest through the courts. And who is going to pay for that person's loss of earnings whilst they are down at the court protesting..No wonder so many migrants who came here to live from overseas are now questioning the reasons for staying, the land of the free, it is a joke. I have friends who are leaving in droves because they can't stand it here anymore. An over reaching government, meddling in the affairs of other Nations, leaving because they don't feel secure or properous and see no future here for their children. They would rather live securely & modestly elsewhere in the world without having to witness the day in day out abuse of power that is being played out. If this law comes to my state, I am sorry but I am out of here, I would rather live with my family far far away from the mad house and the abusive mindset of the people running it.

Lemon Moon

Please don't

compare this case (which is about the 4th amendment and property rights) with Union thugs' shameless extortion of the taxpayer via their bargaining privileges. You have a right to your life, your liberty and your pursuit of happiness, but you don't have a right to bribe politicians for more taxpayer money in a political racket known as public collective "bargaining".

"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself." - Thomas Jefferson

Please don't

compare this case (which is about the 4th amendment and property rights) with Union thugs' shameless extortion of the taxpayer via their bargaining privileges. You have a right to your life, your liberty and your pursuit of happiness, but you don't have a right to bribe politicians for more taxpayer money in a political racket known as public collective "bargaining".

"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself." - Thomas Jefferson

Mad

People in the states where this is happening should be protesting this. We saw what people in Wisconsin did when they thought they were going to lose their collective bargining rights.

Bump ...

to front page !!

donvino

“Citizens may resist unlawful

“Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” (Plummer v. State, 136 Ind. 306).

“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.”(Runyan v. State, 57 Ind . 80; Miller v. State, 74 Ind. 1).

“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).

We have, over my lifetime, been shown many times in the movies and on T.V. scenes where the police “kick” in the doors and announce, “This is the police, we have a warrant”. To be “legal”, they must “knock” on the door and announce…FIRST !
Compare your “cop” shows from the 70’s to what we now are shown.

“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrong doer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

Show your support for the well being of your friends and neighbors, and yes, even strangers. Wear your guns daily.

As for the grounds for arrest: “ The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol 2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197).

To conclude…and MOST importantly…
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped, or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 GA. 16, 48 S.E. 910).

It does not take more than two trained officers to arrest a child or a cripple. The use of a Tazor is un-called for in most cases. Six or more cops is excessive even for a Olympicly trained person.

Personal note to self: I had a lot more respect when the motto was, “To Protect and Serve”, I have NONE for “Law Enforcement”.

Note to Law Enforcement: Send ONE agent to my door and have him knock politely; leave the others up at the road. I will come peacefully.

This is the line in the sand my friend

and I hope you bump this post like it is your job, because I have posted this before, and this is it. This is it, this is it, this is it, I cannot say it enough. I will not cooperate with this law if it comes to my state, I will refuse and I will do whatever I have to in order to protect my family. This is my line in the sand, and if they are going to jeopardize the safety of their law enforcement this way, it will be more violent than any warrant could ever offer them. Please keep this at the top everyone, it is happening in Kentucky also. This is more important than even any election can give us, this is the end of freedom if we let it slip by. Wake up dailypaul, let's stay on this. KUTGW poster, keep this at the top.

Those who expect to reap the blessings of freedom must. like men, undergo the fatigue of supporting it.-Thomas Paine

The R3volution requires action, not observation!!!!

it is happening in Kentucky also...

...then start calling Senator Rand Paul's office to get a statement that he opposes it and WHY!!!

I don't know if Senator Paul has any power over this

PatriotsUnderGod, I think this is more of a governor issue, maybe, I am not sure, I have thought about Rand Paul there though and if he could stop it.

Those who expect to reap the blessings of freedom must. like men, undergo the fatigue of supporting it.-Thomas Paine

The R3volution requires action, not observation!!!!

I read this earlier today somewhere..

This is what completely kills me..."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."

Oh, Ok...and for how long? And in what circumstances do these "rules" still apply? This is a huge pile of dung in the liberty soup if you ask me.

lol

I would like to be a fly on the wall to hear those appeals and hear the replies to them ;)

This is another avenue to the collector to the road to hell.

Yeah, people are just too ignorant to see at hundreds of years of struggle be wiped out. I can understand Europeans being lead astray, yet this is pretty damn incrimminating against the general public on this side of the ocean.

I have had some good times in Indiana but have no wish to ever go there again.

donvino