In Indiana, their Supreme Court has just ruled that you have NO RIGHT to resist an "unlawful police entry into your house".
in a 3-2 decision, the court overturned common law dating back to the English Magna Carta of 1215. The decision also directly conflicts with the Fourth Amendment of our U.S. Constitution.
This is a REALLY BIG DEAL and everyone needs to understand this.
Justice Steven David, writing for the court majority 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.”
Did you get that! The right to resist an UNLAWFUL POLICE ENTRY is incompatible with "modern Fourth Amendment jurisprudence".
Well, judge David, exactly what Fourth Amendment are you reading, because it is pretty clear to anyone that actually reads it and it certainly is NOT subject to lame interpretations as you and the other judges have done in this case.
You sir are an idiot and I question just how you found your way to the Indiana Supreme Court in the first place as you apparently have no concept of the law in our Constitution or of common law which is still in effect and overrides "judicial opinions" despite what you are saying.
The court seems to feel that you still have sufficient recourse in an unlawful police entry. He said that a person who was arrested following an unlawful entry by the police can still be released on bail and has plenty of opportunities to protest the illegal entry through the court system.
Can I laugh now Justice David. If you think that is even possible, then you have absolutely no idea of what is going on in the judicial system of your state.
Your statements are simply a joke.
To show you just how ridiculous this opinion is and how totally stupid the finding judges are you need to see what the case was all about.
Their decision is from a Vanderburgh County case where police were called to investigate a husband and wife arguing outside their apartment.
The police arrived and the couple apparently went back into their apartment. The husband told police they were no longer needed and stood in the doorway so that they could not enter. When the officer forced his way into the home anyway, the husband shoved the officer against a wall. Then a second officer used a stun gun on the husband and arrested him.
Ok, now you have a sense of the story.
In my opinion, both police officers were completely wrong in their actions. There was no report of any sort of impending violence from the couple – they had calmed down enough to go back to their apartment and did not feel that they needed any police presence.
The husband did not want them in his home, but the officer forced his way into the home anyway. The husband then pushed the officer into a wall attempting to defend against the illegal entry. The husband was within his rights in defending his home and attempting to resist the entry of the officer.
Then the second officer attacked the homeowner with a stun gun and arrested him. This second officer was acting outside of his authority and had no probable cause to act against the husband as his partner had illegally entered the home without any warrant or any imminent threat to the police or to the wife. The officer’s actions now placed him outside the protections of a policeman in the performance of his delegated duties and he is now a regular citizen.
What should have happened in this case is that the officer who entered the home forcibly should have been suspended and at the very least censured by the department. And he should be biting his nails hoping that the homeowner does not file a civil suit against him.
His partner should be suspended and criminally charged for the use of his stun gun and an illegal arrest of the homeowner.
If that had happened in many cities or counties, that is exactly what would have occurred.
The police DO NOT have more power than any person – and you have a perfect right to defend your home against an unlawful entry by anyone including the police.
The fact that the Indiana Supreme Court felt that an "illegal entry" into someone’s home for any reason or no reason flies in the face both the law and simple common sense.
Apparently the court has very little common sense and not much regard for established centuries old law.
I don’t know about the citizens of Indiana, but if I were living there, I would be talking to whomever I needed to and beginning the process of removing those judges from the Supreme Court as they are incompetent to sit on the court. Their published statement of "an unlawful police entry into a home" says it all.
The entry was UNLAWFUL – there is no way you can justify this and say it is now ok to enter a home without a warrant or eminent danger.
This means that an officer can go up to ANY HOME at any time and barge right in for no reason other than they feel like it!
Is that the kind of law enforcement personnel you want to have enforcing your state laws?
I certainly do not and I would not stand for this for any reason.
Let some of these Indiana police come out to the western states and give that one a try – they will find themselves with a rifle or shotgun in their face at the very least. We do not broke that kind of behavior here. And god help a judge that would issue such a totally stupid ruling. They would find themselves very quickly retired from the bench and maybe even out of their pension too.
Let’s hope the citizens of Indiana raise a hue and cry about this and some heads roll on the court over it.