Saturday, May 14, 2011

INDIANA SUPREME COURT FINISHES OFF FOURTH AMENDMENT

AWRM.ORG DISCUSSION HERE:

http://www.awrm.org/ubbcgi/ultimatebb.cgi?ubb=get_topic&f=22&t=001009

Originally posted by CONSIGCOR:

Court: No right to resist illegal cop entry into home
By Dan Carden dan.carden@nwi.com, (317) 637-9078 nwitimes.com Friday, May 13, 2011


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."

Read the rest of this trash at...
http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

reply from AIRFORCE:

Set the Wayback Machine to 1214. That's what the Indiana Supreme Court just did in Barnes v. Indiana.If the police want to come into your home, you better let them--whether they're doing it legally or not.

Yep. You have no right to resist an unlawful police entry into your home. If a police officer wants to enter your home for no reason at all, you better let him.

quote:
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... 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....
Yeah, we can't have that. An escalation of violence from people who mistakenly believe there is still a Fourth Amendment in the Constitution. Really, wasn't the Magna Carta written because of things like this?

UPDATE: Like minds think alike. ConSigCor and I originally posted this within minutes of each other.

Onward and upward,
airforce


LATER, CONSIGCOR REPLIED:

The same court also held earlier this week that no warrant being executed should require any knock or notice.
They state in their decision that the citizen still has means to legal recourse in the court system in cases of police wrongdoing.

Really? What about the dead marine in Arizona? What recourse does he have?

They're going to continue their tyrannical activity until they meet real resistance. Soon the public is going to start shooting back or shooting first.

comment:  If someone is forced to resist they'd better have a safe house.

If you have a group comb the ads for a house or apartment to rent, group rent it, and keep it stocked. Have a second. Do it with cash and no registration with utilities etc.

Best would be not to live where you're registered on your gov. and corp. papers. Not always possible.

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