Disturbing court ruling out of Indiana: No right to resist illegal cop entry into home

[LAGC]

This is more of a 4th Amendment concern than a 2nd Amendment concern, but it does have implications for guns used in home defense:

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

Sounds like a green light for criminal home invaders to simply shout "POLICE!" as they bust into people's homes, and homeowners will be too afraid to resist in case it really is the police, knowing they now have no defense in court.

[eqfan592]

1. I hope this gets taken to a higher level...

...because that is some serious bull right there.

[Logical]

2. How would I know it was illegal in order to resist? n-t

[eqfan592]

3. My understanding would be if they didn't have a warrent...

..or weren't able to establish probable cause of some sort, you could keep them out. But I'll admit that I'm very fuzzy on this issue. But I'm also naturally disinclined to like the idea of law enforcement being able to have their way with private property.

[Logical]

5. I 100% agree I dislike the police in general but I am not....

sure I even knew I could resist if a cop kicked in my front door. I would assume he had a reason or a warrant. And resisting usually means I end up being me charged with assault on an officer. His word against mine and we know how that turns out.

[eqfan592]

6. lol, good point.

Yeah, it's a massive cluster fuck of an issue, if you'll forgive my language.

[Oneka]

9. Or much worse

In most cases if a cop is kicking in your door, he will be part
of a stack , which will KILL you, if you so much as lift a finger in resistance.
Deadly force is far too often the first option during a police raid.

[PavePusher]

4. This needs to be x-posted to Civil Liberties. n/t

[LAGC]

7. Done. (n/t)

[lawodevolution]

8. This is bullshit, hope it goes up to another level court.

[GKirk]

10. They are basing this ruling on this...

..."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."

Can someone tell me why that wouldn't be a legal reason to enter the residence?
It seems to me that the police officer had a reason to believe the wife may have been in danger.

[TPaine7]

11. Arguing, sans threats or violence, isn't probable cause?

That would be my guess.