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General Categories => Newsworthy => Topic started by: 66bigblock on May 13, 2011, 08:34:18 PM

Title: Indiana Court: No right to resist illegal cop entry into home
Post by: 66bigblock on May 13, 2011, 08:34:18 PM

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."



http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html (http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html)



66bigblock

Title: Re: Indiana Court: No right to resist illegal cop entry into home
Post by: bkoenig on May 13, 2011, 08:52:54 PM

One more brick chipped away from the foundations of our country.  I fear by the time I have grandchildren there will be nothing left.

Title: Re: Indiana Court: No right to resist illegal cop entry into home
Post by: Dan W on May 13, 2011, 09:55:43 PM

Un effing believable  :o

Title: Re: Indiana Court: No right to resist illegal cop entry into home
Post by: NE Bull on May 13, 2011, 10:27:42 PM

WTH?  First "illegal immigration" is supported,  and now "unlawful police entry" is not enforced.  What part of 'not OK' don't these people get? 
No wonder our kids are so hard to control these days;  'No' just doesn't mean what it used to!

Title: Re: Indiana Court: No right to resist illegal cop entry into home
Post by: Greybeard on May 14, 2011, 03:16:46 PM

Good thing I don't live in Indiana. Bust down the door and get a face full of lead at my place!!!

Title: Re: Indiana Court: No right to resist illegal cop entry into home
Post by: sidearm1 on May 17, 2011, 11:48:31 AM

Before you get too worked up, you better check Nebraska law.  In Nebraska it is illegal to resist law enforcement even if the arrest is illegal.  I am not near my work computer so I don't have the law handy.  It is in the self defense section.

Title: Re: Indiana Court: No right to resist illegal cop entry into home
Post by: 00BUCK on May 17, 2011, 02:17:27 PM

Quote from: sidearm1 on May 17, 2011, 11:48:31 AM

Before you get too worked up, you better check Nebraska law.  In Nebraska it is illegal to resist law enforcement even if the arrest is illegal.  I am not near my work computer so I don't have the law handy.  It is in the self defense section.

I'm pretty sure illegal arrest and illegal entry are two wholly separate issues.