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Old 05-13-2011, 04:59 PM  
teedubya teedubya is offline
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Court: No right to resist illegal cop entry into home

Par for the course, right Sheeple? Police State, FTW!!

http://www.nwitimes.com/news/local/g...3df229697.html

NDIANAPOLIS | 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.

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.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence.

"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court's decision runs afoul of 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.

But Dickson said, "The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad."

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.
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Old 05-13-2011, 05:08 PM   #2
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Originally Posted by teedubya View Post
On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.
I can't really say that bothers me at all. It bothers you that they don't have to knock on the door?
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Old 05-13-2011, 05:22 PM   #3
teedubya teedubya is offline
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That is the 2nd issue in this article.

Please and read it instead of skimming.
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Old 05-13-2011, 05:24 PM   #4
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Quote:
Originally Posted by teedubya View Post
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.
Donger, does this part bother you? It does me...A lot. No reason at all???
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Old 05-13-2011, 05:25 PM   #5
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They're arguing outside an apartment and then they go inside. If the police reasonably think there might be domestic violence going on I have no problem with them entering.

The guy attacking them for entering only furthers that belief.

It's not like they walked up to a random apartment, knocked on the door, and walked in.
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Old 05-13-2011, 05:27 PM   #6
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Quote:
Originally Posted by Earthling View Post
Donger, does this part bother you? It does me...A lot. No reason at all???
No reason at all bothers me. Them entering in this situation does not bother me in the least (especially if they believed it was a case of domestic violence, I can't stand a "man" that beats up on a woman).

Police should reasonably be able to do their job.
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Old 05-13-2011, 05:27 PM   #7
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Quote:
Originally Posted by AndChiefs View Post
They're arguing outside an apartment and then they go inside. If the police reasonably think there might be domestic violence going on I have no problem with them entering.

The guy attacking them for entering only furthers that belief.

It's not like they walked up to a random apartment, knocked on the door, and walked in.
I agree. In this case they HAD a reason to enter. But the part that allows them to go into your home with no reason at all is unacceptable.
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Old 05-13-2011, 05:28 PM   #8
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Quote:
Originally Posted by AndChiefs View Post
It's not like they walked up to a random apartment, knocked on the door, and walked in.
Well, they can do it now. They'll face legal repercussions, but it's illegal for you to deny them entry.
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Old 05-13-2011, 05:29 PM   #9
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Good to know that warrants are now rendered useless in my state...
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Old 05-13-2011, 05:30 PM   #10
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Quote:
Originally Posted by Jaric View Post
Good to know that warrants are now rendered useless in my state...
You can sue the police after they enter your home. Good luck with all that.
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Old 05-13-2011, 05:31 PM   #11
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Quote:
Originally Posted by teedubya View Post
That is the 2nd issue in this article.

Please and read it instead of skimming.
Sorry, I presumed that you bolded that part for some purpose.

This is the other part that bothers you?

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.
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Old 05-13-2011, 05:31 PM   #12
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Quote:
Originally Posted by Pants View Post
Well, they can do it now. They'll face legal repercussions, but it's illegal for you to deny them entry.
Like I said I agree that they should need a reason to enter. But the main thing is, this situation should never have been brought to court (according to the facts I'm reading).
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Old 05-13-2011, 05:32 PM   #13
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Quote:
Originally Posted by Donger View Post
Sorry, I presumed that you bolded that part for some purpose.

This is the other part that bothers you?

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.
The other part that bothers him is that it's illegal for you to deny the police entry to your home even if they don't have a warrant, Dong.
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Old 05-13-2011, 05:32 PM   #14
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Dang, I'm thinking if I can get a badge and uniform I may never have to use my own toilet again...
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Old 05-13-2011, 05:33 PM   #15
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Quote:
Originally Posted by Jaric View Post
Good to know that warrants are now rendered useless in my state...
If I'm reading it correctly, warrants are still usually required. However, if they are already there responding to a disturbance and the naughty people decide to go inside their homes, the police can enter without a warrant.
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