Way Back Home In Indiana, Court Says No Right Against Police Home Invasion

Like June, Fourth Amendment-trashing is bustin’ out all over. If the immediately preceding post weren’t bad enough, consider the recent action by the Indiana Supreme Court:

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.”

UPDATE: I meant to include this reference in the same article to another recent case:

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.

Your rights are not in danger; no… your rights are dead. And so, probably, are you, if you attempt to exercise them. Welcome to America in the 21st century.

UPDATE: Just for your convenience, here is the Fourth Amendment to the US Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It couldn’t be more specific, could it? If law enforcement wants to enter someone’s home and search it, they’ve got to get a warrant from a judge.

UPDATE: Now state legislatures are getting into the act, on behalf of the RIAA:

Apparently the U.S. Constitution no longer applies when it comes to battling music and movie piracy.

Consider California legislation already passed by two state Senate committees. It allows law enforcement to enter optical-disc plants and seize disc-stamping equipment, and pirated movie and music discs without a court warrant.

“[A]nd no Warrants shall issue, …” because they seem to have become somehow superfluous or “quaint” in these times. “O tempora, o mores!

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  • Kay Dennison  On Thursday May 19, 2011 at 9:55 pm

    Yikes!!!! But I’m not really surprised. Their governor is as nutty as ours.

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