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View Full Version : Court overturns law allowing citizens to defend against illegal police entry




eOs
05-13-2011, 03:50 PM
http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.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...

Standing Like A Rock
05-13-2011, 04:00 PM
So this means that a police office can trespass on private property, and enter a home without a warrant, without probable cause and without consent, and there is nothing we can legally do to stop him?????

Probably one of the worst violations of Fourth Amendment rights.

I like one of the comments, "This doesn't change anything. If anyone breaks into my home with the intent to do me or my family harm they will catch the same amount of buckshot regardless."

aGameOfThrones
05-13-2011, 04:09 PM
Needs to go to the SCOTUS.

Anyway, doesn't surprise me, they also think this...

"At common law, a person was privileged to resist an unlawful arrest. See Gross v. State, 186 Ind. 581, 583, 117 N.E. 562, 564 (1917). Our courts, however, have uniformly accepted that this common law rule is outmoded in today‟s modern society. See Fields v. State, 178 Ind. App. 350, 355, 382 N.E.2d 972, 975 (1978) (holding that a private citizen may not use force or resist a peaceful arrest(If it exist in today's violence driving police force) by one he knows or has good reason to believe is an authorized officer perform-ing his duties, regardless of whether the arrest is legal or illegal)"

Agorism
05-13-2011, 04:14 PM
State needs new SCROTUS.

virgil47
05-13-2011, 04:20 PM
Sounds like something that would have been used in Nazi Germany.