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Tuesday, May 17, 2011

Bad News Here In Indiana

May 17th, 2011

Well, we used to have the 4th Amendment in Indiana. Dan Carden reports for NWI:

"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."

Everyone in America should be enraged by this. We are supposed to be guaranteed the following under the Constitution.

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.

Not anymore. Not here in Indiana.



3 comments:

  1. skbaselice@earthlink.netMay 17, 2011 at 8:11 PM

    omg, really?

    ReplyDelete
  2. This is pretty horrific stuff. Has the ACLU in Indiana been active in trying to fight this?

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  3. Grey, I was not aware of this. Thanks. I will put something up at my place regarding this.

    ReplyDelete