Posted on NWITimes.com-By Dan Carden-On May 13, 2011:
“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.
The court’s decision stems from a Vanderburgh County case in which police were called to investigate a husband and wife arguing outside their apartment.
When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter. When an officer entered anyway, the husband shoved the officer against a wall. A second officer then used a stun gun on the husband and arrested him.
Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court’s decision is consistent with the idea of preventing violence.
“It’s not surprising that they would say there’s no right to beat the hell out of the officer,” Bodensteiner said. “(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer.”
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.
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.”
This is the second major Indiana Supreme Court ruling this week involving police entry into a home.
On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge’s permission to enter without knocking. “
Source:
Note: This is a great example of some outrageous actions being taken by this President, his minions and courts to systematically and covertly do away with our “Constitution Of The United States Of America” and/or “Bill of Rights.”
We, as God, family and country loving Americans, must remain vigilant and keep our eyes on the ball and not be distracted by the relentless propaganda being fed to us on a daily basis as part of this President and his minion’s transformation strategy.
My following blog posts contain numerous articles and/or blog posts and videos that relate to this disturbing issue-You Decide:
Is it important to understand the Marxist assault on the foundations of our system?
What was the true intent of Operation Closed Campus?
http://weroinnm.wordpress.com/2011/04/03/what-was-the-true-intent-of-operation-closed-campus/
FBI, Department of Homeland Security and Joint Terrorism Task Force Raid Militia Groups!
Note: If you have a problem viewing any of the listed blog posts, please copy web site and paste it on your browser. Sure seems like any subject matter that may be considered controversial is being censored-what happened to free speech?-You Decide.
“Food For Thought”
“God Bless & Keep Our USA Safe”
Semper Fi!
Jake
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So
Remember the old adage possession is 9/10th of the law [governing property ]
Better to be judged by 12 Vs carried by 6
When will this assault on liberty stop ?
When we demand it!