Indiana. Now a Police State?

Seems the cops can now enter your home for no real reason and don't need a warrant.

"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."

Here's the story.

Court: No right to resist illegal cop entry into home

OK. Is there anytning wrong here? Cop needs to take a leak and just waltzes into my house and I can't tell him no even though I have done nothing wrong and have no clue what diseases he might carry?
I forgot. I can take it to court and spend MY money to do so.

THANK YOU INDIANA!!!!!

Now I can understand the risks that cops take. They choose to do this if I'm not mistaken. It's part of the job.

I've known a lot of cops actually. Some are nuts in my opinion as are the people they "chase". People that are not cops but "nuts" can wreak havoc on society. So should we let cops that are "nuts" wreak havoc on anyone they choose to?

I don't think so but if one really wants to test this brilliant move have a state cop invade a county cop's home when the county cop is off duty. Film it as well.

I'd love to see the outcome of such a "mistake" plastered all over the news.

 

That is not quite what it says, clembo. It says that you no right to resist unlawful police entry into your home, but that you can then sue them in civil court. I think I can understand why they ruled as such, but I am not sure I agree.

 

Sure as hell hope you DON'T agree with this.
Put your thinking cap on for a second will you?

As different as you and I are there's a key word. The word is UNLAWFUL. I can't do it, you can't do it but the police should be allowed to and then you or I spend money because they did it? Sorry man but that is WAY wrong.

Believe it or not I can see where this would be advantageous to law enforcement. HOWEVER, allowing police to just "break and enter" with no cause is not the solution.

 

They absolutely should not be allowed to unlawfully enter a house without consequences, but that is not what the court said. However, they did say civil consequences and I believe that should be criminal. But just where does "resist" end. If I killed the cop, is that a problem? If I maimed the cop, it that a problem? To me, it is more like getting pulled over for drunk driving and you were sober. Do you have the right to resist being pulled over? The key word here is resist. They absolutely have not said that the cops have the right to enter your house and the court did not say they have no consequences in doing so.

 

Suing them after they illegally entered your home is like closing the barn door after the horse got out. How can such a thing be allowed to stand?

 

And the reasoning of illegal entry would be that the police saw your house weaving in and out of traffic?

 

Amazing that we have survived for over 200 years without the need (or acceptance) of an interpretation of our 'rights' like this.

The latest issue of Time has a sweet little feel good article about how OBL didn't really change us as a country. I had to keep myself from yelling BS! in order to keep my family from wondering what the hell was going on in the bathroom. Without him, I believe, there never would have been a travesty like the 'Patriot' Act. And, I believe anyway, that without the major changes in our acceptance of what The State is allowed to do - like the 'Patriot' Act - no citizen would put up with a ruling like this.

 

Is Illinois the only sane state left on these parts? What the F***!!!!

 

From what I hear, maybe Illinois soon too. My knowledge on the details is limited, but the general idea was that Republican-backed think-tanks gave up trying to change the federal laws and moved to individual states. They went after Wisconsin and Michigan to do as much damage to the Unions as they could, and have plans for many other states. Illinois, and Chicago in particular, are probably high on their list.

 

That's a real scary statement Moen.

 

And what do you know about unions, sounds like you have never worked a day in your life. Slacker!

 

Actually, I started working (receiving pay) at 9, though I did some light construction when I was 8... I knew I was gonna need to work sooner or later so I started sooner lol... But you're just an angry belligerent fool (a CLOWN)... so who cares what YOU think? (LAUGHS)

 

To Lehigh96 and IQless1.

I'd love to hear what you guys have to say about the real topic here. As far as that goes I'd love to hear what EVERY active member has to say.

As a Hoosier it means a lot to me of course but what if it happens where YOU live?

I am surrounded by "righties" at work in varying degrees and their reaction mirrors mine.

 

One of the 'Justices' said "If police enter a home illegally, the courts are the proper place to protest it"

So exactly what is one's avenue to protest it in the courts. I can bet it won't be a criminal B&E* case....which is what it actually is. So what do you get...a civil complaint so the cop has to pay for getting dirt on your rug? Or is what he really saying is that you can bring it up at your trial?

*Breaking and Entering...the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door) without authorization.

 

Fair enough. From what I've read (about your thread) it's not pretty. That the police can invade your privacy w/o cause is disconcerting and will probably be overturned eventually (one would hope).

I can envision a scenario where the police enter a home or apartment (with no probable cause) and find something illegal. The courts would probably (or at least eventually) find that it was an illegal search and seizure, and the case would either be dismissed or (eventually) overturned. With enough of these types of cases, I could see people getting angry about both the police department's and the other guy's illegal activities... and force a change in policy so the cops can't invade their privacy and the other guy doesn't escape punishment for HIS crimes.

Will it work out that way? I'd hope so... but the fact that you can't resist a cop when he's invading your home is infuriating ...and will probably lead to shootings before it really gets looked at again.

 

Another thing to keep in mind is that the police can already enter your home if they reasonably suspect someone is in imminent danger, or that evidence may be being destroyed or a suspect may escape. It is legal, no warrant is needed and you, therefor, do not have a right to resist. So this ruling is not needed for anything that the police would ever reasonably need to do. I can't see the ruling as anything but a serious and unnecessary infringement to one's rights as a citizen.

 

I dont care if you are lefty or righty, for liberty or tyranny....every person should own a copy of the Constitution, The Bill of
Rights, and the Decllaration of Independance. These can be obtained from many sources. I for one, got mine from the Heritage Foundation, a right wing think tank. They will send thm to you at their cost, no matter your party or political leanings.

I also suggest you own and read The Federalist Papers, dry reading for most but I woulld think us politico's here would enjoy it. It is available at minimal cost thru Amazon or Ebay.

 

I'm not sure that owning copies of these documents would deter the police or the ruling of the state's supreme court. Would one just whip them out as the cop(s) enter your home, causing them to scurry away in guilt and shame?

 

No, we agree there, but self enlightment is important. As our rights and freedoms are stripped away, ala the " Patriot Act", it helps those that understand and bond. Face it we need liberals and conservatives and inbetween'ers to function as designed.

It will also alow you to teach your children what they no longer teach, that the founding documents are to limit the power of government, not to limit the power of the citizens.

Another fantastic book is The 5000 Year Leap. If you are an athiest, ignore it's religious parts. It explains in great detail, in laymans terms what the right and left wings of governmant stand for, how they started and why they are so important to have BOTH.
Again, it will protect you from nothing but ignorance.