Indiana court strips citizens of right to resist unlawful police entry

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/

Precisely WHO is behind the persistent and from every angle swipes
at the fourth amendment this past decade?

...at the Federal level. At lower levels, the various state
Executive branches.

By the way, if the Federales thought anyone's rights had
been trampled upon, even at the state level, they could
intervene on the tramplee's behalf -- 'seen any of that?

Tesha

why it was thought the police didn't have reasonable cause in this case.

"In the case, officers were responding to a report of domestic violence. The suspect was confronted by officers outside his residence and he became belligerant, shouting at the police, who then threatened to arrest him for disorderly conduct.

Reacting to officers, the man returned to his apartment, but when police followed he blocked their path and refused to permit the police entry. When they insisted upon entering, he physically impeded officers and a scuffle ensued."

Full of crap regressives.

(Calif.) lawmakers weigh anti-piracy bill to allow warrantless searches of CD and DVD makers

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x4854969


The ball is rolling, picking up speed...

But please wait until we get another appointment or two. It clearly violates the US Constitution.

Bake