Court: No right to resist illegal cop entry into home

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SlyPokerDog

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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/...cle_ec169697-a19e-525f-a532-81b3df229697.html
 
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"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."

He seems to think there are many cases of citizens fighting the police because they think the police are doing something illegal. I bet there are very few. Certainly not enough for the law fascists to worry about.
 
Let's not get too carried away. An unlawful entry isn't indiscriminate entry. And if it isn't a mistake or if there isn't some form of justification then the police can be sued. It happens now and then.
 
Let's not get too carried away. An unlawful entry isn't indiscriminate entry. And if it isn't a mistake or if there isn't some form of justification then the police can be sued. It happens now and then.

Dead people can't sue, and most illegal entries by police are robberies where the victims don't live to testify or sue. Also a common ploy by home invaders is to identify themselves as police.

Thankfully, in Oregon I have the right, and definitely the inclination, to put a bullet in the forehead of anyone attempting an illegal entry into my home.
 
http://elmtreeforge.blogspot.com/2011/05/idiot-indiana-judge-steven-h-david-and.html

Judge David is an ex-military lawyer who oddly has always served his clients persecuters more than his clients. He constantly sided with the army while supposedly defending the tortured prisoners at Guantanamo.

Anyone appealing this absurd ruling to Federal courts will obviously win. It violates the basic principles our country was built on.

In the meantime I anticipate a rise in dead policemen in Indiana, since crooked policemen will feel they have been given a green light to abuse their authority absolutely, and Indiana citizens (a highly armed militia with no love of dictatorships) have ample reason to fear for their lives.
 
Also a common ploy by home invaders is to identify themselves as police.

I didn't think of that. Once robbers hear about this decision, they'll just put on fake uniforms and knock on the door.
 

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