Indiana supreme court just eliminated the 4th Amendment

S

SmarterthanYou

rebel
http://www.nwitimes.com/news/local/...cle_ec169697-a19e-525f-a532-81b3df229697.html

Court: No right to resist illegal cop entry into home

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.
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this is an absolutely insane decision and just goes to show the continuing illegitimacy of the judicial system.
 
http://www.latimes.com/news/sc-dc-0517-court-search-20110516,0,6820148.story

The Supreme Court on Monday gave police more leeway to break into residences in search of illegal drugs.

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.

Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, said Justice Samuel A. Alito Jr.

"When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen may do," he wrote. A resident need not respond, he added. But the sounds of people moving and perhaps toilets being flushed could justify police entering without a warrant, he added.
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so now, with indiana negating your right to protect your home from unlawful invasion by law enforcement and this case now giving law enforcement all kinds of green lights by 'hearing sounds' (how does one defend against supposed sounds?) allowing home invasion, should we just go ahead and scrap the constitution as it stands?
 
SmarterThanYou said:
http://www.latimes.com/news/sc-dc-0517-court-search-20110516,0,6820148.story

so now, with indiana negating your right to protect your home from unlawful invasion by law enforcement and this case now giving law enforcement all kinds of green lights by 'hearing sounds' (how does one defend against supposed sounds?) allowing home invasion, should we just go ahead and scrap the constitution as it stands?
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If you're in the potty,
Don't get haughty.
Answer the door in a rush
Before you flush!
 
SmarterThanYou said:
that's the best you got? your concern over your own constitutional rights is so minimal, that a joke is your best response?
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Sorry. :( It's a rainy, windy, down-type day here.

On the other hand did we expect anything different? From the Patriot Act to the Mortgage scam bail-out to the newly discovered:

(Excerpt)The hunt for foreclosure fraud is now underway in Jackson County. We first brought you news of a scam, where dozens of mid-Michigan homes were foreclosed on illegally. After hearing the news, officials in Jackson started looking through their records. It only took 15 minutes to find the same phony signatures that are popping up on documents all over the country.

It all started with a recent 60 Minutes piece that highlighted the scam where some big banks are faking forms to speed up the foreclosure process. (End)
http://www.wlns.com/Global/story.asp?S=14490230

Predatory lending tricks and, then, false documents to throw people out of their home. Now officials can come in when they want. Ones home is no longer ones castle but merely a temporary abode. The moat has been drained, the draw bridge lowered.....consider ourselves similar to hotel guests.
 
apple0154 said:
Sorry. :( It's a rainy, windy, down-type day here.

On the other hand did we expect anything different? From the Patriot Act to the Mortgage scam bail-out to the newly discovered:

(Excerpt)The hunt for foreclosure fraud is now underway in Jackson County. We first brought you news of a scam, where dozens of mid-Michigan homes were foreclosed on illegally. After hearing the news, officials in Jackson started looking through their records. It only took 15 minutes to find the same phony signatures that are popping up on documents all over the country.

It all started with a recent 60 Minutes piece that highlighted the scam where some big banks are faking forms to speed up the foreclosure process. (End)
http://www.wlns.com/Global/story.asp?S=14490230

Predatory lending tricks and, then, false documents to throw people out of their home. Now officials can come in when they want. Ones home is no longer ones castle but merely a temporary abode. The moat has been drained, the draw bridge lowered.....consider ourselves similar to hotel guests.
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all this 'predatory' crap is worthless, considering you IGNORE the governments (both left and right) culpability in leaving these legal avenues open to the lenders. YOU are partially responsible.
 
So that's it then? No attempt at a legislative cure? Big Brother can just kick the door in whenever he wants and it's O.K.?
 
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