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Indiana Court Denies Citizens’ Right To Resist Unlawful Police Entry

May 16, 2011 by  

Indiana Court Denies Citizens’ Right To Resist Unlawful Police Entry

The Indiana Supreme Court ruled Thursday that Indiana citizens have no right to resist unlawful police entry into their homes.

The 3-2 decision overturns established law “dating back to the English Magna Carta of 1215,” according to nwi.com. Justice Steven David said, “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.” The court opinion said, according to the article, “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.”

Justice Robert Rucker dissented, saying, “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.”

Justice Brent 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.”

The case in question involved a police response to a domestic dispute, in which a couple’s fight had spilled outside. “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.”

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  • s c

    Indiana, I don’t know what your problem is, but it seems to be centered in and with your so-called ‘Supreme Court.’ Being a pessimist when it comes to what passes for ‘government,’ I’d say it may take a number of messy incidents in which law enforcement officers are met at front doors by deadly force – if only to get their attention.
    Indiana, if you can’t see what is so wrong with your S C’s decision, life is going to get interesting there REAL fast. Is this what you want to pass on to your kids and their kids? Ladies and gents, this is NOT freedom, and those who can justify the “right” of law enforcement to enter without permission are no better than Lenin and Marx. May all domestic tyrants get exactly what they DESERVE.
    Do you not remember why citizens were so mad at King George in the late 18th century? That principle will come into effect again unless you fight it.
    King George’s military got what it deserved. As for your law enforcement personnel and lawyers, it sounds like you might need to find those who are suited for the job and unload the rest. Up the rebels!

  • Raggs

    This is insane… What’s next?.. Shoot to kill first and ask questions later?

  • Raggs
  • Cawmun Cents

    My doormat reads:Watch for Toe Poppers!its like “howdy fellers,come on in”,”Children dont aim fer the testicles…these here are o-fish y’alls!

  • Pete

    The “husband” should have kept his door shut and locked – He should have talked to the cops thru the closed door. It seems these police officers were concerned about his wife, maybe she was physically injured or even dead.

    The Police have it tough these days. You got all this propaganda from Homeland Security ! Crazy couples trying to kill each other- when do you take the initiative if someone (like the wife) are in harm ? Then you have these crazy courts making these crazy rulings. On the flip side, now the cops are obligated to enter a citizen’s domicile- without a warrant. The police officer is taking an unacceptable risk of being killed -and then some court overruling the last court’s decision ! You end up not knowing what to do !

    I don’t blame the police officer – based on what this article says – the husband should have had his door shut …

    But the court on the other hand should get a reward for being stupid.

  • Linda

    I feel sorry for the citizens. I hope someone files suit against this insane ruling before innocent people get hurt or killed. What’s going to happen when someone refuses to let a cop come in and they move to protect their home and family and they end up arrested, or worse.
    And no – unless the wife tells them she needs help or there are sounds of distress they DONT have the right to go in.

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