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 Court: No right to resist illegal cop entry into home

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Heretic

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PostSubject: Court: No right to resist illegal cop entry into home   5/13/2011, 11:17 am

Quote :
Court: No right to resist illegal cop entry into home

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.

Yikes.
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chuckmo48

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/13/2011, 11:36 am

Welcome to Communist Indiana!!
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happy jack

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/13/2011, 11:50 am

Heretic wrote:
Quote :
Court: No right to resist illegal cop entry into home

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.

Yikes.
I'd like to look into it further, but on the face of it, "Yikes!" pretty much sums it up.
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Heretic

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/13/2011, 12:01 pm

Yeah, I'm gonna see if this hits any of my usual legal/police misconduct blogs.

I can see this one both ways. There's no "douchebag cop" exemption to the Resisting Law Enforcement statute, and I remember recommendations on how to handle a situation where law enforcement is clearly out of bounds and that's always been to just remain civil. Resisting will get you arrested and/or killed. The case will get tossed and you can always hit 'em with a civil suit.

Also, the general populace doesn't know the legal limits of law enforcement, so I'm sure the Court is trying to minimize the instances Average Joe Taxpayer attempting to play lawyer when they have no idea what they're talking about.

I don't know.... it's certainly not an easy one...
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BigFan

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/13/2011, 4:29 pm

I had a county cop show up at my home at midnight a couple years ago. I thought I was being robbed. All I saw were flashlights in the night around my home. I turned on exterior lights and saw it was the police. When I opened the door they asked why I didn't open sooner. Turns out a person with a warrant uses to live in my home. They asked for id to verify I wasn't him. When I went to get my wallet, they welcomed themselves into my home, at midnight, on a work week. I stayed calm and showed them my id. They agreed I wasn't him but ran my info through the system. If I had a warrant, I would have gone from falling asleep on the couch to in jail just by answering the door. That didn't bother me as much as the boys in blue welcoming themselves in like they did. This ruling would make what they did A OK. And its not.
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UrRight



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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/15/2011, 6:09 pm

Welcome to Communist soon-to-be country. That's one more reason to ditch the USA.

If Mitch Daniels gets elected...I'm out of here.
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KarenT



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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/15/2011, 7:03 pm

Where will you go?
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Artie60438

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/15/2011, 9:11 pm

UrRight wrote:

If Mitch Daniels gets elected...I'm out of here.
Don't worry,that's not going to happen.
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chuckmo48

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/15/2011, 9:40 pm

KarenT wrote:
Where will you go?
Costa Rico!
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chuckmo48

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/15/2011, 9:43 pm

UrRight wrote:
Welcome to Communist soon-to-be country. That's one more reason to ditch the USA.

If Mitch Daniels gets elected...I'm out of here.
What just cracks me up is all the righteous right-wingers/tea-baggers have not said one word against this atrocity...oh sorry a few said "yikes"...
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happy jack

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/16/2011, 4:02 pm

chuckmo48 wrote:
UrRight wrote:
Welcome to Communist soon-to-be country. That's one more reason to ditch the USA.

If Mitch Daniels gets elected...I'm out of here.
What just cracks me up is all the righteous right-wingers/tea-baggers have not said one word against this atrocity...oh sorry a few said "yikes"...
I doubt that Heretic would appreciate being lumped in with the "righteous right-wingers/tea-baggers".
If "Yikes" was not a strong enough reaction for you, chuckles, perhaps the next time something like this arises you can talk him into weeping and pouting - you know, like a true liberal.
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UrRight



Posts : 3993

PostSubject: Re: Court: No right to resist illegal cop entry into home   5/16/2011, 4:19 pm

Anywhere but North Korea. Indiana is already North Korea. Heading WAAAAY south.
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Heretic

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PostSubject: Re: Court: No right to resist illegal cop entry into home   5/17/2011, 9:59 pm

Quote :
Indiana Supreme Court threatened following controversial ruling

Indiana State Capitol Police are investigating harassing phone calls and email messages directed to the Indiana Supreme Court following a controversial ruling issued last Thursday.
Police would not say how many calls and messages have been received or whether they were addressed to a specific justice. But the communications are being reviewed as part of a criminal harassment investigation, police said.
Supreme Court spokeswoman Kathryn Dolan said the threats contained in the calls and emails were "primarily" directed at police officers.
"We obviously want to protect the safety of our employees and alert police to individuals who might be dangerous, so we contacted Capitol Police," Dolan said. "Because they are investigating, I am not able to give more specific information."
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