Friday, May 13, 2011

Indiana Supreme Court: No Right to Resist Illegal Police Entry

I suppose Hoosiers should be glad the State Supremes didn't extend the protection to all other criminals illegally entering homes.

Dan Carden at NWI.com has the pathetic story.
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.
Saddam Hussein agrees wholeheartedly with "Justice" Steven David. Or he would if he hadn't been hanged.

For what little it is worth, two Justices voted to uphold the right to resist illegal entry:
"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 Robert) Rucker said. "I disagree."

Rucker and (Justice Brent) 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."
The Magna Carta: another one of those outmoded documents over 100 years old. The Indiana Supreme Court has taken the state back to pre-Magna Carta days.

Labels: , , , , ,

0 Comments:

Post a Comment

Subscribe to Post Comments [Atom]

<< Home