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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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