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Ind. court: No right to resist 'unlawful police entry'

The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."

In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking , including concerns for an officer's safety or that a suspect may escape or that evidence may be destroyed.

"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," wrote Justice Steven David. "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 can still be released on bail and has other opportunities to protest the entry through the court system.

The Northwest Indiana Times reports that the court's decision stems from a 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, according to the newspaper. 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.

Justices Robert Rucker and Brent Dickson dissented, saying the court's decision runs counter to the Fourth Amendment of the U.S. Constitution.

"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations, they would have supported the ruling.

Ind. court: No right to resist 'unlawful police entry' - Chicago Breaking News

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shai_hulud

So... do you have an opinion on this matter?

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"There are only three useless things in this world. Nuns' nipples, bishops' balls and an employer's praise without a raise."

Dr. ShinDig

I do, this is bullshit

let them try and do this shit when anarchy truly breaks out in this country.

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Xil

i hate when cops say they want to search your car for there safety. its like, motherfucker, if youd just give me my speeding ticket and let me be on my way there'd be no fucking danger. but thats a car i guess, homes are a bit different.


remember though, theres no reason to put up a fight. officers cant use evidence from an unlawful search..unless, you know, there were "exigent circumstances". and if it turns out there weren't, i'm sure its in "good faith" right?

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~1~

Okay, here we go...


The decision stems from a case where a man and his wife were airing their dirty laundry in the yard, when the cops showed, the man and woman retreated into the apartment. When the officer wanted to come in to make sure he didn't beat the woman stupid(er), Mr. Neck, Red I think his name was, decided to slam the cop against the wall in a fit of double digit I.Q. rage and got zapped for his troubles.

Also, what the ruling means is that there are other avenues of recourse within the law if your rights were violated and action should be pursued in civil court.

It doesn't mean jack booted Nazi puppy rapers can kick down your door and sniff your undies whenever they feel like it and there is nothing you can do about it.

Now, if we scoot all the way back to just before the cops were called, I can solve the whole dilemma.

Kick her ass indoors, you dumb mother fucker!

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Xil

the thing is there are already reasons a cop could go into a house, and if they had just left it as 'there was a good enough reason' and therefore lawful it would have been alright.

the problem is when they decide to include this in it

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Man in Black

you fuckers better be raising hell over this, Indiana

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When I was arrested I was dressed in black.

Jester4yall

Profit: do u live in indiana? Just curious how u stumbled onto this

I live in Indiana.. If they kick in my door (no reason to btw) and don't say kpd, howard county sheriffs dept, or isp they are in for a world of hurt!! That's a bs ruling!!

Hell cops in this state get drunk then get behind the wheel..one example a state boy was over twice the legal limit when he hit 3 motorcycles (killing 1). He also wrecked his patrol car 5x in 3 yrs.. Still on the beat.. IN judicial system blows!!

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In matters of style, swim with the current; In matters of principle, stand like a rock. -Thomas Jefferson

You will encounter many distractions and many temptations to put your goal aside: The security of a job, a wife who wants kids, whatever. But if you hang in there, always following your vision, I have no doubt you will succeed. - Larry Flynt

John F. Kerry

hey shai hullud long time no see mang, or maybe havent been paying attention. hows life?

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Nasa under Obama

mothernature

This law gives the cops way too much power. They got too much as it is.

In this situation, all the cops had to do was ask the woman to step outside, alone, and ask her if she's ok.

One of the problems with the statement that this can be fixed in court is, yes, they can throw the charges out and all that, but no compensation is ever given for time off from work to go to court, lawyer fees, time spent in jail, or any of that.

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Sometimes sleep is the best revenge- Luke

wellfleation

How about them smashing in your door/breaking YOUR property. The pigs will just say, we had every right to enter your personal residence (without a warrant) and he RESISTED, and therefore, we did what we had too under the circumstances!

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FIGHTPOWER

wellfleation

And then they find a grow room and come back.

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FIGHTPOWER

adventure

the only problem is that this stemmed from 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, according to the newspaper. 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.
I mean the over all ruling in BS, but in this case, if the officer felt the women was in danger he better enter the residence, its his duty to protect her.

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Coming Full Range

~1~

Ding ding ding!


If the woman was beaten dead, it would have been the victims family suing the police for failure to make entry.



By the way, this was a supreme court ruling that states there are other ways to resolve the case within the law, this does not give cops the right to walk in any old place whenever they feel like it.


Let's put it in simpler terms...


Party A smashes into your car he then flees the scene, this is an illegal act, so you immediately jump into your car and chase him down, run him into a tree, drag him from the car and beat him soundly about the head and neck because he violated your right to not have a smashed car, right?

No. We live in a civilized society where that shit won't fly, it will be you who gets tossed in jail for assault even though it was the other guys action in the first place that caused you to react the way you did.

Same thing here only this time instead of party A smashing into your car as it was safely parked in the driveway, you snapped off the brake and shoved your car in front of party A as he came around a blind corner and then got pissed at him when he came to see if anyone inside the car was hurt.


So, for all you fourth amendment upholders, nothing has changed in the day to day world.

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wellfleation

Lets just keep on sliding down that slippery slope.

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FIGHTPOWER

~1~

There is no 'slippery slope' that trite argument fails to mention shit like evolution and reason. It's like the gay marriage shit, "Next thing you know, they'll want to marry horses and dogs!"

Come on man, it isn't all or nothing, if that were truly the case the constitution would have been rolled up and smoked in the 19th century. It's not you and your guns and your flags and your ribbons that have kept the tyranny at bay my friend, it's common sense and we need to foster it and let it grow instead of beating it to death with rhetoric and chest pounding.


Have a beautiful day...

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Roach

don't forget the "patriot act" and it's sequel.

doesn't hurt to keep your government in check.

or so states the constitution I've read.

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wellfleation

HAHAHAHAHA, you trust the government which is run by corporations. N-i-c-e.

Have a beautiful future. . .

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FIGHTPOWER

Jester4yall

^have a beautiful future... Now that shit is fuuuuuunny!!

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In matters of style, swim with the current; In matters of principle, stand like a rock. -Thomas Jefferson

You will encounter many distractions and many temptations to put your goal aside: The security of a job, a wife who wants kids, whatever. But if you hang in there, always following your vision, I have no doubt you will succeed. - Larry Flynt

HTAM

It's been pointed out, and I agree.

Officers, upon arriving at a DV call, cannot leave until they know all parties involved are okay.

But for the two idiots publicly arguing in a way that compelled someone to call the cops, we probably wouldn't be reading this.