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HomeOff Topics News & Politics › Court: No right to resist illegal cop entry into home
05-13-2011 05:18 PM  7 years agoPost 1
albatross

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Texas, Houston area

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http://www.nwitimes.com/news/local/...b3df229697.html

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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.

The court's decision stems from a Vanderburgh County case in which police were called to investigate a husband and wife arguing outside their apartment.

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.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence.

"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court's decision runs afoul of the Fourth Amendment of the U.S. Constitution.

"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," Rucker said. "I disagree."

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling.

But 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."

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.

...my handle backwards is how I feel about current world affairs...

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05-13-2011 06:14 PM  7 years agoPost 2
Frank Bostwick

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Cincinnati Ohio

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I have always been told to do as any police officer told me to do or risk arrest. Period, end of story.
If they (as they often do) are doing something illegal or outside the scope of there power. My recourse is within the court system.

If a cop says stop, you stop. If a cop says hes is entering your home, after you have objected clearly and calmly, LET HIM. If he was in the wrong and violated your rights
then the correct action is to take it up with the courts.

This is common knowledge not to mention common sense.

RIP ROMAN

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05-13-2011 06:23 PM  7 years agoPost 3
DougCart

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Port Charlotte, FL

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Here is FBoss before he adopted his current view of cops....

attitude.lol

Watch at YouTube

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05-13-2011 06:25 PM  7 years agoPost 4
albatross

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Texas, Houston area

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Yea your right we don't need a Bill of Rights or a Constitution and the government it the new God...what was I thinking.

We are so screwed as a country and a species...RIP America.

I don't know about the rest of you but I can take care of myself thanks anyways.

...my handle backwards is how I feel about current world affairs...

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05-13-2011 06:31 PM  7 years agoPost 5
Frank Bostwick

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Cincinnati Ohio

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I dont have 10 mins to watch it all but this sure can be said of your post with out even watching

Again you are making assumptions that you have no basis in fact to make. In fact my post does reference that many police officers do exceed there lawful power and we all know some do. But saying ALL do is just showing your own prejudice. Neither of which reflect well on you or lend weight to your arguments.

The BEST way to put a stop to police abuse of power is thru the courts, PERIOD. Acting out against the law improperly PUTS YOU IN THE WRONG and the courts will and should uphold that FACT.

RIP ROMAN

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05-13-2011 06:32 PM  7 years agoPost 6
DougCart

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Port Charlotte, FL

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Again you are making assumptions that you have no basis in fact to make.
Cops do that all the time buddy. We are human.

the cops did in that teen age root beer fest thread.

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05-13-2011 06:34 PM  7 years agoPost 7
Frank Bostwick

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Cincinnati Ohio

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Albatross
No I never said anything of the kind and do strongly believe in the bill of rights and the constitution. To insinuate any other than that is truly offencive to me. At least my course of action is working with in the system those documents created.

RIP ROMAN

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05-13-2011 06:35 PM  7 years agoPost 8
Frank Bostwick

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Cincinnati Ohio

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Yea I saw that thread, my comments are there for all to see.
I say keeping a good close eye on our youth
IS A GOOD THING.

We as a society should be doing a great deal more of it!

RIP ROMAN

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05-13-2011 06:39 PM  7 years agoPost 9
Chris Bergen

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cassopolis, MI USA

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Some would argue that the 2nd amendment was added to INSURE that these types of abuses don't occur. So that the government WON'T overstep their bounds.
say keeping a good close eye on our youth
IS A GOOD THING.
For the PARENTS to do.

Chris D. Bergen

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05-13-2011 06:42 PM  7 years agoPost 10
DougCart

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Port Charlotte, FL

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say keeping a good close eye on our youth
IS A GOOD THING.
and whats the matter with keep an eye on our law enforcement and government as well? after all they are here to protect and serve........ us.

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05-13-2011 06:56 PM  7 years agoPost 11
Frank Bostwick

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Cincinnati Ohio

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No argument at all. Folks in power NEED to be Kept on a very short leash. After all its been proven time and time again,
Absolute power corrupts absolutely. BUT the "system" has a proven path of recourse. If we, wholesale, can decide a cop is in the wrong so therefore we dont have to listen to him.........can refuse his order....we will soon be in a very lawless country.
Again, I do not advocate letting the police do whatever they want or that they are with out fault. I do say the MOST EFFECTIVE way to deal with it, is thru the avenues the Bill of Right and Constitution provide for us.

Ill get it for this but I agree the "it takes a village" concept.
So if you see my kid being STUPID, stop him. Dont touch him but stop him. Its always the way my friends and families have done it. As a Scout master I got very used to doing just that. At some risk of my own I might add.

I told my kids to do as every cop asked. If they believe there rights were violated, say so respectfully, calmly, and quietly. Do not, under truly wrong circumstances, let the officer "let you off with a warning" Ask, demand a ticket to be issued. Get he facts (name badge #). Do it all with respect, we'll deal with it properly but in the moment. Do as any cop asks you because if you dont, you will be on the WRONG side of the law. There are proper ways to deal with this stuff.

RIP ROMAN

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05-13-2011 06:57 PM  7 years agoPost 12
DougCart

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Port Charlotte, FL

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Folks in power NEED to be Kept on a very short leash.
I stopped reading after short leash....you need not have babbled on any longer.Waste of peoples time.

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05-13-2011 06:58 PM  7 years agoPost 13
Frank Bostwick

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Cincinnati Ohio

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Nice to see that you consider other folks points of view.
Nice commentary on how you work.

RIP ROMAN

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05-13-2011 07:07 PM  7 years agoPost 14
DougCart

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Port Charlotte, FL

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I dont have 10 mins to watch it all but this sure can be said of your post with out even watching
Nice commentary on how you work.
You as well my friend,you as well.

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05-13-2011 07:24 PM  7 years agoPost 15
Frank Bostwick

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Cincinnati Ohio

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Yes, fair catch. In defence the substance of the post is evident from the vid. title.
As a matter of degrees I dont think our "transgressions" are equal

RIP ROMAN

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05-13-2011 07:29 PM  7 years agoPost 16
DougCart

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Port Charlotte, FL

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As a matter of degrees I dont think our "transgressions" are equal
Transgressions none the less.

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05-13-2011 07:44 PM  7 years agoPost 17
Frank Bostwick

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Cincinnati Ohio

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Yes
I am not without sin
its true
You?

RIP ROMAN

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05-13-2011 07:52 PM  7 years agoPost 18
DougCart

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Port Charlotte, FL

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You?
I am the devil.

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05-13-2011 08:34 PM  7 years agoPost 19
InvertedDude

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USA

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..
..

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05-13-2011 09:12 PM  7 years agoPost 20
InvertedDude

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USA

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..
..

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