Indiana court strips citizens of right to resist unlawful police entry

[upstatecajun]

A little-noticed Indiana Supreme Court decision late last week overturned long-standing precedent and stripped citizens of the right to resist unlawful police entry to their homes, in a move dissenting justices called "breathtaking" and "unnecessarily broad."

The ruling, which came on the appeal of a case in which police subdued a man who refused to allow them entry to an apartment following a report of domestic violence, strikes to the heart of the Constitution's Fourth Amendment, which protects citizens from unlawful search and seizure.

It effectively means that officers may enter any residence without warrant, probable cause or permission of the owner, leaving citizens' only legal recourse against such intrusions in the hands of police review boards or district courts.

" hold that the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law," the court's majority wrote in it's verdict on Richard L. Barnes v. Indiana.

http://www.rawstory.com/rs/2011/05/16/indiana-court-strips-citizens-of-right-to-resist-unlawful-police-entry/

[fredamae]

1. And on Monday, May 16th The SCOTUS Did The Same

Monday, May 16th the SCOTUS Strikes Down The 4th Amendment!!!!!
http://www.chicagotribune.com/news/sc-dc-0517-court-search-20110516,0,5858981.story

I cannot believe this is going unnoticed!!!!

[MadHound]

2. I wonder how long before this gets appealed to the Supreme Court,

Which will then make it law of the land.

Time to start building battering-ram proof doors.

[fredamae]

3. SCOTUS Upheld With Only 1 Dissenting Vote!

[MadHound]

5. Different case that the SC upheld yesterday,

Yesterday's SC case was about warrantless searches that are, essentially, based on the police officer's own discretion about whether or not "evidence is being destroyed".

The Indians SC case rules that a private citizen can no longer resist an illegal, warrantless entry by the police.

The cases are a bit different, but if you combine the two, our fourth amendment rights will be gone. All a cop will have to do is knock, and then enter, later stating that he "heard something":eyes:

That's why I'm interested in whether this Indiana case will be appealed up to the US Supreme Court. If so, given yesterday's ruling, I think we're fucked.

[fredamae]

6. Agreed. Who'da Thunk It In America?!!

[hifiguy]

4. Well. those two decisions pretty much put a lily on the chest

of the 4th amendment, nail shut the coffin lid and throw it into an unmarked grave.

The Bill of Rights was nice while it lasted, but now the US Constitution is like the old Soviet constitution: what it says has nothing whatsoever to do with how it is implemented. It is now purely symbolic.