There Is STILL No 4th Amendment In Indiana

Sept 20th, 2011
posted by F. Grey Parker

This is not hyperbole. In May, one of the worst decisions in Indiana's history was handed down by this state's Supreme Court. Today, that court doubled down. As of this writing, there is an apparent lack of coordinated pushback. Some civil rights attorneys here are saying, off the record, that they fear the current SCOTUS might not strike down this assault on the 4th Amendment.

From NWI:
"The Indiana Supreme Court has affirmed its controversial ruling that Hoosiers have no right to ever physically resist police entry into their homes.

In a 4-1 decision, the state's high court said Tuesday the common law rule that "a man's home is his castle" cannot be used as a defense if a person is accused of attacking a police officer entering a home in an official capacity.

"Our holding does no more than bring Indiana common law in stride with jurisdictions that value promoting safety in situations where police and homeowners interact," wrote Justice Steven David for the court.

The ruling stemmed from an alleged 2007 Evansville domestic violence incident where Richard Barnes shoved a police officer trying to enter Barnes' home to investigate after Barnes told the officer he couldn't come in.

Barnes claimed the jury in his misdemeanor battery case should have been instructed that Barnes had a lawful right to resist what he considered an illegal police entry into his home.

In May, the five-member Supreme Court rejected Barnes' appeal, 3-2, saying Hoosiers have no right to resist even unlawful police entry into their homes." EMPHASeS OURS

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.