Indiana Supreme Court shreds Constitution

Posted on May 13, 2011 by alan

The Indiana Supreme Court has decided that Indiana residents do not have a right to resist unlawful police entry into their homes.

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.

Spoken like a true lawyer. Tar and feathers time.

 

(via FarmDad in GBC)
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12 Responses to Indiana Supreme Court shreds Constitution

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  2. Kevin Baker says:
    May 13, 2011 at 10:46

    “modern Fourth Amendment jurisprudence”

    Otherwise known as “living Constitution jurisprudence.”

    Alex Kozinski was right, it’s a bit late but 1984 has finally arrived.

  3. mike w. says:
    May 13, 2011 at 11:16

    I wanted to blog about this today. Fucking blogger.

    Anyway, this is one of those instances where the rule of law should be disobeyed. I’d treat this ruling the same as I’d treat that law in CT that said homeowners had to retreat from their own homes rather than stand and defend it.

  4. Tracie says:
    May 13, 2011 at 13:09

    Wow. So when will Hoosiers start headed Tennessee way?

  5. seeker_two says:
    May 13, 2011 at 13:38

    This ruling is going to get a lot of good people (including LEO’s) killed…hope SCOTUS shoots this down…like that’ll happen….

  6. Tam says:
    May 13, 2011 at 16:38

    …oh, if only I knew a lawyer who was on the ISRPA board of directors…

  7. Tam says:
    May 13, 2011 at 16:39

    What’s TN case law look like on the matter?

  8. Roberta X says:
    May 13, 2011 at 18:04

    Claire, it’s time.

    Um, gee, my night vision is really bad, and I can’t see details without my glasses. Just sayin’.

  9. Bubblehead Les says:
    May 13, 2011 at 18:20

    Well, Gov. Daniels, you gonna support this nonsense, or are you gonna stop it? Future Republican Presidential Voters OUTSIDE of Indiana need to know.

  10. Roberta X says:
    May 13, 2011 at 20:41

    …I was just taken to task for my intemperate comment. As I should be: It’s been time, for pretty much all of my life. I’m startin’ to suspect that fix ain’t a-gonna happen.

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