Indiana Supreme Court Shit-cans Fourth Amendment (UPDATED)

UPDATE:
A Sheriff in Indiana would like to use this violation of the Bill of Rights as an opportunity to kick in citizens’ doors:

CROWN POINT, Ind. – 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.

Speaking under the condition of anonymity, a local city Police Chief with 30 years experience in law enforcement directly contradicted the Newton County Sheriff’s blatant disregard for privacy & liberty, stating that as an American first, such an action is unconscionable and that his allegiance is to the Indiana and federal Constitutions respectively. However, he also concurred that the ruling does now allow for police to randomly search homes should a department be under order by state or federal officials or under a department’s own accord.
http://www.mikechurch.com/Today-s-Lead-Story/in-sheriff-if-we-need-to-conduct-random-house-to-house-searches-we-will.html

Tell you what Hartman, let’s do a ‘random’ search of your home, just for shits and giggles.

Original story:

Government erosion of our rights continues.

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.

These assclowns believe that a homeowner’s right to resist unlawful entry by the cops, is incompatible with the Fourth Amendment:

“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.”

Well shit, if someone—anyone, enters my home without my consent, my .380 Browning will do  a lot of resisting.

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. 

You can pursue legal action after the fact.  Just fucking brilliant. In the meantime, you’d better submit to the jackboots regardless of whether they identify themselves or not, or whether they raid the wrong house, or even though they have no authority to enter your home.

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.

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

Aside from the ‘exigent circumstances’ surrounding the domestic violence case, the court opened up a gargantuan Pandora’s Box. Errors in police judgement now override the Bill of Rights in Indiana.
Gangster thugs have been known to disguise themselves as FBI agents and police officers when committing home invasions. Just think of a homeowner’s hesitation resulting in their murder, now that the Indiana Supremes have given leeway to anyone wearing a police uniform.

Irresponsible judicial dumbasses like the Indiana Supremes, don’t have to live with the consequences of their decisions. They’re not on the receiving end of illegal entry and no police officer will even think of approaching their homes.

This needs to be taken all the way to the United States Supreme court.

Related articles

• The March to a Police State Continues (socyberty.com)
• No Right to Resist Unlawful Police Entry: Indiana Supremes (outsidethebeltway.com)
• Indiana Supremes: All Your Home Are Belong To Us (minx.cc)
• No Right to Assault Police Officer Entering Home Even if Entrance is Unlawful, Indiana Supreme Court Holds (volokh.com)