http://www.nwitimes.com/news/local/govt-and-politics/article_ec1696...

 

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."

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.

Views: 53

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega's 2 blog posts were featured
22 hours ago
Less Prone commented on Sandy's photo
Thumbnail

FB_IMG_1775463256193

"Then they had the same old photo edited. Very stupid!"
23 hours ago
Less Prone favorited Sandy's photo
23 hours ago
Doc Vega posted a blog post

The Escape

The dreamland comes as I close my eyesTake me from the forbidden lands that I despiseWhere all…See More
yesterday
cheeki kea commented on Sandy's photo
Thumbnail

FB_IMG_1775463256193

"ahh yes but one must be well  practised in the art of double think for such occasions as these…"
Wednesday
honeygirl posted videos
Tuesday
Doc Vega posted a blog post

You’ve Heard of Champ, right? This Aint it!

 CHAMP, you might be thinking of is a legendary cryptid supposedly existing in the waters of Lake…See More
Monday
Less Prone favorited Sandy's photo
Monday
Less Prone favorited Sandy's photo
Monday
Doc Vega posted a blog post

Truth or Fiction? You Figure it Out

 Working for the federal government, specifically, the Pentagon. I was, what you might call a…See More
Saturday
tjdavis posted a video

GOLDSPHINCTER - Donald J Trump is Acrid Goldsphincter (James Bond Music Parody)

In this James Bond parody, Donald J Trump is Acrid Goldsphincter in our version of the classic Bond "Goldfinger" theme song. All voices and singing performed...
Apr 11
Doc Vega posted a blog post

How Long does Destabilization Take?

How long does it take to topple a society targeted by the left? What ingredients go into this toxic…See More
Apr 9
tjdavis posted a photo
Apr 9
tjdavis posted a video
Apr 8
Doc Vega posted blog posts
Apr 7
Burbia commented on Cryptocurrency's group Video Archive
Apr 7
Doc Vega commented on Doc Vega's blog post How Many Clues Did You Need To Figure out the Covid scare was Bogus? Revisiting Stupidity
"cheeki kea you are spot on. It won't be until the elephant on Wall Street is as high as the…"
Apr 6
Sandy posted photos
Apr 6
harrisseo is now a member of 12160 Social Network
Apr 5
Doc Vega's 4 blog posts were featured
Apr 5

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted