Indiana - Police Can Enter Your Home ...

Indiana - Police Can Enter Your Home Without Warrant

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Since: Sep 10

Location hidden

#1 May 17, 2011
Indiana Supreme Court: Police Can Unlawfully Enter A Home…No Warrant, With No Reason At All…Residents Cannot Lawfully Resist…The Fourth Amendment Under Seige

May 14, 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.”

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.

http://www.peopleunlikeus.com/...
and

Fort Worth, TX

#2 May 19, 2011
So?? Who cares!

Since: Sep 10

Location hidden

#3 May 19, 2011
I am a law-abiding citizen, but it is not right that a policeman can enter your home without a warrant.

They have also passed a law that DNA can be gathered without a warrant.

If you don't care about a State passing these type laws, that is your choice.

I do not want the nanny-state mentality to continue to grow in our country.
hayseed

Blossom, TX

#4 May 19, 2011
and wrote:
So?? Who cares!
Count me as one. When the police and judges have no regard for the highest law of the land, we are getting close to demonstrating why the founders included within that law "the right to keep and bear arms".
PoliceState

Kennedale, TX

#5 May 19, 2011
6Bid wrote:
I am a law-abiding citizen, but it is not right that a policeman can enter your home without a warrant.
They have also passed a law that DNA can be gathered without a warrant.
If you don't care about a State passing these type laws, that is your choice.
I do not want the nanny-state mentality to continue to grow in our country.
Since the Homeland Security acts came into effect as a response to 9/11, we have actually been living in a police state. Do not be surprised if there is further erosion of citizen rights, especially in the areas of privacy.

Since: Dec 08

Location hidden

#6 May 19, 2011
6Bid wrote:
I am a law-abiding citizen, but it is not right that a policeman can enter your home without a warrant.
They have also passed a law that DNA can be gathered without a warrant.
If you don't care about a State passing these type laws, that is your choice.
I do not want the nanny-state mentality to continue to grow in our country.
Finger printed, drug tested, multiple background checks, they have discussed getting DNA from us, I see it on the horizon, along with retinal scans.

It's getting ridiculous. The Patriot Act was just the beginning.
Just curious

United States

#7 May 20, 2011
According to our fundamental rights, entry without probable cause is illegal. This applies to a home, or even a motorhome driven on the highway or parked on a lot. The only reasonable cause that has been upheld would be in the case of a felony evader hiding from the police.
If Indiana thinks that ruling will hold, they're in for a lot of appeals.
PoliceState

Kennedale, TX

#8 May 20, 2011
Just curious wrote:
According to our fundamental rights, entry without probable cause is illegal. This applies to a home, or even a motorhome driven on the highway or parked on a lot. The only reasonable cause that has been upheld would be in the case of a felony evader hiding from the police.
If Indiana thinks that ruling will hold, they're in for a lot of appeals.
Very true. In the meantime, however, a lot of citizens' rights will be trampled until the ruling gets overturned.

Since: Sep 10

Location hidden

#9 May 20, 2011
PoliceState wrote:
<quoted text> Very true. In the meantime, however, a lot of citizens' rights will be trampled until the ruling gets overturned.
You are right! I wonder how long it takes to appeal this ruling?
Cooter Brown

Plano, TX

#10 May 20, 2011
I would put a sign in the front yard volunteering to be the first one to kill a cop entering my home unlawfully.

Since: Sep 10

Location hidden

#11 May 20, 2011
Cooter Brown wrote:
I would put a sign in the front yard volunteering to be the first one to kill a cop entering my home unlawfully.
Supposedly the ruling was made to keep violence down? I don't understand that at all.
Ron

Dallas, TX

#12 May 25, 2011
While I don't agree with the ruling it is just saying you can't resist. It doesn't say they don't need a warrant anymore. Why would you resist anyway your not going to stop them. You will either get yourself hurt or killed or hurt or kill someone else then it's off to prison and you have no rights in there. You may win In court on the entry but you will loose if you hurt or kill a cop. It may not be right but you know it's true.
just b

Anaheim, CA

#13 May 26, 2011
Indiana: soon to be the home invasion capital of the USA?

Is the TSA headquarters in Indiana? No? It should be.

Since: Sep 10

Location hidden

#14 May 26, 2011
Ron wrote:
While I don't agree with the ruling it is just saying you can't resist. It doesn't say they don't need a warrant anymore. Why would you resist anyway your not going to stop them. You will either get yourself hurt or killed or hurt or kill someone else then it's off to prison and you have no rights in there. You may win In court on the entry but you will loose if you hurt or kill a cop. It may not be right but you know it's true.
"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."

So, you don't understand the ruling? Do they have to explicitly say "NO WARRANT REQUIRED" for you to understand that no warrant is required?
Denise

Pierceton, IN

#15 May 27, 2011
Something else to think about...what about imposters? As a woman, I have been taught to always be cautious, but with this ruling how can I? I would never let somebody I don't know into my home(especially when I'm alone). So, if I let a police officer in and he turns out to be a thief or a rapist...what the heck? And I "let him in" without a fight!
indianaresident

Demotte, IN

#16 May 28, 2011
what happens when a bad cop enters your house and rapes your wife? obviously nobody is going to believe her because there has never been a bad cop in history. police, at least in my town, can not be trusted. is it fair they can come in for no reason and intimidate you? another problem is what happens when your wife is at home alone and a man acts as a cop and enters your house. he could rape, rob or kill your family and there was nothing the woman could do about it. who do we write to to protest this new ruling?
John Q

Fort Worth, TX

#17 May 28, 2011
If a cop has a legitimate reason to want to enter my house I have no problem as long as he knocks first and tells me why. I have nothing to hide. If he doesn't knock and busts in without asking and telling me why he's fucked. I'll splatter his ass all over the dinner table.
jdc

Worcester, MA

#18 May 28, 2011
As a veteran it is precisely this type of governing that most offends me.
and the fact that it is allowed to stand.
Indiana can be proud to be the first state to symbolically urinate and defecate on the tombs of every soldier who died in the 1776 revolutionary war or any other that we veterans have fought . Copies of our constitution and rights accorded to us by it may as well be used as toilet paper in Indiana.

This state was never on my to visit list and never will be.
It is unfortunate that Hoosiers have never heard of George Orwell but they have demonstrated to be willing to live in a police state for whatever misguided reason until the police state decides to knock doors down and arrest a poor Hoosier for owning two bottle of propane with which he can cook his grease burger , two may qualify he or she as terrorist.

Perhaps they are clamoring for the day when travel by any method is subject to papers and genitalia searches down to crossing town to go to work .
George Orwell wrote 1984 in 1939 , it was never compelled to be read in English literature classes in this country ..it should have been since 1939
perhaps it would be a reminder of what having constitutional rights really means
for most Americans who think they are being protected in their matchstick built homes .Until jackbooted thugs with a badge break doors in in anytime they chose without a warrant.

It is a sad day for me as veteran to see my nation turn into the kind that we have publicly stated to be repressive. How ironic it is that since 911 all that is necessary for this nation to convert to full police nation status is nearly accomplished .Who won ?

Way to go Indiana way to go , it is said that being number 1 is being better than number two, a dubious distinction you have earned Indiana.

Since: Sep 10

Location hidden

#19 May 29, 2011
jdc wrote:
As a veteran it is precisely this type of governing that most offends me.
and the fact that it is allowed to stand.
Indiana can be proud to be the first state to symbolically urinate and defecate on the tombs of every soldier who died in the 1776 revolutionary war or any other that we veterans have fought . Copies of our constitution and rights accorded to us by it may as well be used as toilet paper in Indiana.
This state was never on my to visit list and never will be.
It is unfortunate that Hoosiers have never heard of George Orwell but they have demonstrated to be willing to live in a police state for whatever misguided reason until the police state decides to knock doors down and arrest a poor Hoosier for owning two bottle of propane with which he can cook his grease burger , two may qualify he or she as terrorist.
Perhaps they are clamoring for the day when travel by any method is subject to papers and genitalia searches down to crossing town to go to work .
George Orwell wrote 1984 in 1939 , it was never compelled to be read in English literature classes in this country ..it should have been since 1939
perhaps it would be a reminder of what having constitutional rights really means
for most Americans who think they are being protected in their matchstick built homes .Until jackbooted thugs with a badge break doors in in anytime they chose without a warrant.
It is a sad day for me as veteran to see my nation turn into the kind that we have publicly stated to be repressive. How ironic it is that since 911 all that is necessary for this nation to convert to full police nation status is nearly accomplished .Who won ?
Way to go Indiana way to go , it is said that being number 1 is being better than number two, a dubious distinction you have earned Indiana.
Excellent post. Thanks to you and all other veterans that fought to keep our country free.

While, the supreme court justices are elected, I found there are ways to get a crony on to make these all-important decision for all Hoosiers:

"Article Seven of the state constitution governs the term length of Supreme Court Justices.[14] When there is a vacancy on the court, a new justice is nominated using a variation of the Missouri Plan. First, a list of three qualified nominees is created by the Judicial Nominating Commission who then submit the list to the Governor. The Governor then picks the new Justice from the list. If the Governor fails to choose a replacement within sixty days, the Chief Justice or the acting Chief Justice must do so.[1][2][3] The Chief Justice is chosen by the Judicial Nomination Commission from among the sitting Associate Justices and serves a term of five years. The Chief Justice is appointed for terms of five years and presides over the court. When the position of Chief Justice becomes vacant the most senior member of the court serves as the acting Chief Justice until a new Chief Justice is chosen by the Judicial Nominating Commission. The Chief Justice also serves as chairman of the Judicial Nominating Commission.[1][2][3]

Justices are appointed to a term that could potentially last for ten years. Once a new Justice is chosen, he may serve for two years before being subjected to a retention election held during the first statewide election after the Justice's completion of the Justice's second year in office. The Justice is listed on the ballot with the option to be retained or to be rejected from the court. If retained the Justice may serve out the remainder of his ten year term. After a term is completed, a Justice must be reappointed by the same process used to appoint him originally in order to remain on the court.[2][3] A Justice can be impeached by a majority vote of both houses of the Indiana General Assembly for misconduct. It is mandatory for a Justice to retire at age seventy-five, even if their term is incomplete.[2]"

http://en.wikipedia.org/wiki/Supreme_Court_of...
BenNevis

Grand Prairie, TX

#20 May 29, 2011
This ruling by a state court will never pass the ultimate test in the federal supreme court.(Undoubtedly, this ruling will be appealed). Our rights as private citizens have been eroded incrementally, but our rights to our homes as our 'castles' is still alive and well. Even if such a ruling were upheld, it would not do much good for the state in their investigations. Any evidence turned up in a subsequent search (the only legitimate reason to be in a private home) would be supressed - a warrant for the contraband would still be required. As for taking blood samples, that is a legal search...as long as a warrant has been issued. They are easy to get & usually apply to DUI cases. This Indiana ruling is ridiculous, but it doesn't have any teeth.

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