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."
http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html




According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011.

When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.
http://www.mikechurch.com/Today-s-Lead-Story/in-sheriff-if-we-need-to-conduct-random-house-to-house-searches-we-will.html




The justices in an 8-1 decision said officers who loudly knock on a door and then hear sounds suggesting evidence is being destroyed may break down the door and enter without a search warrant.

In a lone dissent, Justice Ruth Bader Ginsburg said she feared the ruling in a Kentucky case will give police an easy way to ignore the 4th Amendment. "Police officers may not knock, listen and then break the door down," she said, without violating the 4th Amendment.
http://www.latimes.com/news/sc-dc-0517-court-search-20110516,0,6820148.story

(Comment - This ruling is more insanity from activist Progressive - Marxist Judges. It fits in well with establishing total control of the public and escalates the authority of the Police to that of Hitlers Brown Shirts.

Quotes
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.


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.
(Comment - What about when no arrests are made or when the police had no basis for entry)

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence.
"saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."
(Comment - how many people have the resources to hire a scumbag lawyer to pursue Civil action?)


"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."

(Comment - the most striking part of the ruling it does not even state the requirements for "EXIGENT CIRCUMSTANCES."  That means the Police need absolutely "NO" circumstance to exist where there is a suspicions context or probably cause to enter any residence OR business at any hour of the day. The Police can enter on a whim! That raises the level of the possibility of suing in a Civil action well into the stratosphere. You would have to prove they stole something, severely abused someone or destroyed physical property > NEEDLESSLY!)

( Comment - Obama said several times during his campaigning that "he" wanted and needed a Federal Police Force just as strong and just as large as our military! With rulings like this - the authority of Police has indeed taken several "Giant Steps" into total authoritarian Police Power.)

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.

(Comment - And of course this was NOT headlines all across our nation. There was no reaction by our Progressive Socialist - Marxist Media / Press stating the extreme precedent and threat to Civil Liberties the ruling represented.)

I read this the other day, but I thought it was the Indiana Supreme court that decided this.
Since when is Ginsburg on their court?

Quote from: Solar on May 17, 2011, 12:00:51 PM
I read this the other day, but I thought it was the Indiana Supreme court that decided this.
Since when is Ginsburg on their court?

Did this go all they way to the SC ? ??? Better yet, is Soral waking up to the progressive nightmare?

Quote from: Indy on May 18, 2011, 06:35:38 AM
Did this go all they way to the SC ? ??? Better yet, is Soral waking up to the progressive nightmare?

:D :D :D :D
They all have to eventually.