Indiana Supreme Court Throws 4th Amendment Out the Window—Allows Police to Illegally Enter Your Home

Gee, after all the administration’s hoopla about Arizona’s immigration law supposedly being unconstitutional and the supposed unconstitutionality of the Defense of Marriage Act, why isn’t Obama and Eric Holder screaming bloody murder concerning Indiana’s clear violation of the 4th Amendment?  Could it be that they are in favor of a police state?  Could be.

Court: No right to resist illegal cop entry into home
nwi.com

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.

Um…  Yeah, right…  Do you really think that a court system which allows for illegal search and seizure is going to rule in favor of the victimized citizen?  Not likely!  This is just a big, “F-U, Hoosiers!” by the courts. 

[…]

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.

Hm.  Yup, Probable Cause is the camel’s nose into the tent.  Sure, Americans have made allowances to help the police help them, but Indiana’s Supreme Court has overstepped those bounds and let the entire camel into the tent.  I really feel sorry for the police.  After all, they are the ones who are going to get shot when they illegally enter a home, not the justices.

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.”

[…]

Explore posts in the same categories: Abuse of Power, Law Enforcement, Orwellian

10 Comments on “Indiana Supreme Court Throws 4th Amendment Out the Window—Allows Police to Illegally Enter Your Home”

  1. tgusa Says:

    It will take about five seconds for home invaders to realize that they no longer need a warrant, as long as they pose as police. The police need to kick in the doors of these judges on this kangaroo court to preempt this disaster in the making.

    • tgusa Says:

      If we want to restore the rights of Americans kicking in a few doors at lawyers and judges homes is the best place to start. It could be an accident, happens all the time.

    • PAM SHANKLIN Says:

      YOU GOT THAT RIGHT TGUSA~!!~!! WE THE PEOPLE SHOULD BE ABLE TO REMOVE THE JUDGES THAT THINK THEIR GOD~!!~!! ISN’T OUR 4TH AMENDMENT WRITTEN IN STONE?? DID’T THE JUDGES STUDY THE CONSTITUTION IN LAW SCHOOL???? OH, I FORGOT, THEY MAKE THEIR OWN RULES~!!~!!~!! LAWYERS AND JUDGES HAVE THEIR OWN LANGUAGE, PIG LATIN~!!~!!

  2. Big Frank Says:

    The language of the Fourth Amendment is crystal clear, what part do these so-called ‘learned’ judges not understand? It seems as the Bill of Rights as we know it is being trashed bit by bit and will grind through the courts. The problem with so many leftist judges on the Supreme Court it won’t be long before all freedoms as we know them are lost to the whim of these tyrannical justices.

  3. tgusa Says:

    The Indiana guvner, Mitch Daniels, wants to run for president. Laugh out loud. Mean whlie Hanoi Juan McCain wants to imprison Americans indefinitely and without trial if they are belligerent towards DCs agenda. I recently received a survey from the NRSC asking me to respond to their questionnaire. The survey said that I was picked to represent all republicans in my area, but I’m not sure I believe them. Anyone else out there, special? (barf). They actually wrote in capital letters that I had better fill it out or else I will have to stand in the corner or something. That was right before they asked me for money, I really hate that, how stupid do they think I am?

    • Rhonda Says:

      I am special too then. I got one of those stupid questionnaire but after the way I filled it out I doubt I will get another because it was obvious by my answers I am an independent….

  4. Umahmahudahdi Says:

    This must be the “change” that O-shame-us was talking about! Think its about time I take that conceal and carry class…I’m sure it won’t be long for this ruling to spill over to the other states and I’m only two states away :O

  5. tgusa Says:

    Indiana needs to change the slogan they use for the Indy 500. Ironically, A Race for Hero’s, yes, Memorial Day, those hero’s who fought and died to defend our rights. Grotesque, I will never watch the 500 again.

  6. Julian Meyer Says:

    I warn the police and others that I answer polite knocks on my door. All others I answer with my Smith and Wesston in hand.


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