Sunday, May 15, 2011

Indiana Supreme Court - Police Can Enter Homes For Any Reason Or No Reason, Anytime

The Indiana Supreme Court ruled on thursday, that citizens have no right to resist unlawful entry to their homes overturning a common law dating back to the English Magna Carta of 1215 So therefore, this law means that if a police officer wants to enter your home for any reason or no reason at all, there is nothing you can do about it.


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.

Court: No right to resist illegal cop entry into home

"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.

It's coming quite clear that our rights in America are diminishing almost at daily rate it seems. Look for this ruling coming to a state near you! As a Hoosier myself, there is no way anybody is coming into my house illegally. A warning to all officers in Indiana - You will perform this sometime very soon, and you will be probably die as a result or kill someone innocent. It seems we here in America are soon turning into a Police State.

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.

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