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I live in Indiana, not happy about this at all.

Here's the story followed by the actual link.

UPDATE: Indiana Supreme Court: No right to resist unlawful police entry


INDIANAPOLIS — People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision based on a Vanderburgh County case.

The ruling overturned centuries of common law, a fact the court acknowledged in the decision, noting that some scholars trace its origin to the Magna Carta in 1215.

The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said.

“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.”

The court’s decision stemmed from a Vanderburgh County case in which a man yelled at police and blocked them from entering his apartment to investigate a domestic disturbance. Evansville resident Richard Barnes shoved a police officer who entered anyway and was shocked with a stun gun and arrested.

Vanderburgh County Prosecutor Nick Hermann said the ruling brings Indiana up to date with what is already recognized in many other states.

“The Supreme Court recognized there were remedies under current law,” he said. “It’s just an acknowledgment that there are a lot of other safeguards in place now.”

Hermann said the ruling stops homeowners in such a circumstance from making legal interpretations as to what they can and cannot do, but he also cautioned that it “doesn’t give police officers carte blanche to enter people’s homes.”

Barnes was convicted of battery on a police officer, resisting law enforcement and disorderly conduct. The Indiana Court of Appeals ruled there was not enough evidence to prove the disorderly conduct conviction and ordered a new trial on the other charges.

Justices Robert Rucker and Brent Dickson strongly dissented with Friday’s ruling, saying it runs afoul of the U.S. Constitution’s Fourth Amendment against unreasonable search and seizure, The Times of Munster reported.

“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.

Both dissenting justices suggested they would have supported the ruling if the court had limited its scope to stripping the right to resist officers who enter homes illegally in cases where they suspect domestic violence is being committed.

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.”

However, the Supreme Court decision also overruled the Appeals Court and upheld Barnes’ disorderly conduct conviction, saying Barnes’ conduct wasn’t politically protected speech but was “that of a person of interest refusing to cooperate with a police investigation.”

Valparaiso University School of Law professor Ivan Bodensteiner told The Times that the court’s decision is consistent with the idea of preventing violence.

“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.”

Thursday’s decision was the court’s second 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. Previously, police serving a warrant had to obtain a judge’s permission to enter without knocking.




http://www.courierpress.com/news/2011/may/13/indiana-supreme-court-no-right-resist-unlawful-pol/
 

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This will go to the SCOTUS and get struck down, clear violation of 4A. Personally, if im in my bed asleep and the door gets kicked in, I will be pulling the trigger in anger, no questions asked. If during the day, same thing. And their level 1 body armor wont mean **** either.

I would rather be judged by 12 than carried by 6.
 

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:laughing: And they call me a conspiracy theorist for pointing out the fascism and police state direction in this country.. :crazy:

They are just conditioning the sheeple for the next step..
 

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The courts, the jurislature, are making laws and have been for a while, not at all what the Constitution laid out for them. The foundation of our country rests upon the individual rights of the citizens and no one, not elected officials or the police, are to have any rights that are above or outside the individual. If it is illegal for you and me, it is illegal for the police. Comes down to whether we have the right to protect our own personal property. But I rant on . . . I will say this, we are long past getting on the slipper slope. Hope there are enough silent individuals who will wake up and take back our country.
 

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This is complete horse ****. As If the gov't and police done act as if they are above the law now. I'm with the rest of u guys on this. Just another leap over the line that has been past for some time.
 

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It is an ugly line.
1. I don't want to kill anyone, especially a cop. But I will if I have to.
2. Cops will never have a reason to enter my home, so I assume it is not a cop.
3. People can fake being a cop way too easily, so is this guy really a cop?
4. If it is a cop, chances are it will be 5 of them. I won't get all of them before they mow down me and my wife. Then what? But crooks can come in 5-paks and declare themselves cops, too!

What am I to do?

Who is going to be the (several) test case(s) here? How many illegal or incorrect entries will there need to be to change policy? IMO, too many. Police need better technology to prevent loss of life. It just sucks.

But I do know that eroding the right to defend yourself is NOT the way to go. Best to go the other way, so cops take a little more care to make sure before instigating a breach.

The reality is:
There is no real reason to break into a home. None. Everything can be resolved via stand-off. So they flush the drugs? Have a sensor in their sewer line and shut the water off. BFD. Wait them out. Done.
 

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:rolleyes:































Just how are you guys going to determine if the entry is lawful or not, during the incident?
:huh:
 

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some people think im crazy when i say there is another American Revolution/Civil War on the horizon....eventually the majority of this country that does NOT agree with the road we are taking is going to say enough is enough. This is EXACTLY the reason the 2A has been under assault for decades.
 

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just how are you guys going to determine if the entry is lawful or not, during the incident?
:huh:
Easy, if I didn't invite them in, it's illegal.

Had a similar situation happen in January 2007, cops beating on the door at 10pm, I opened the door and they thought they could walk in, not with me in the doorway, as they found. Long story short, wrong house.. came close to getting ugly for all 4 of us. No apology from them or me..

Now, if someone kicks my door in, I have to assume they aren't there to sell girl scout cookies.. and I would imagine I will be in fear for my life.
 

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:rolleyes:






























Just how are you guys going to determine if the entry is lawful or not, during the incident?
:huh:
Well, first of all, they have to identify themselves. Secondly, there is this little thing called a "warrant" which allows them to enter my home without my permission.
 

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It is an ugly line.
1. I don't want to kill anyone, especially a cop. But I will if I have to.
2. Cops will never have a reason to enter my home, so I assume it is not a cop.
3. People can fake being a cop way too easily, so is this guy really a cop?
4. If it is a cop, chances are it will be 5 of them. I won't get all of them before they mow down me and my wife. Then what? But crooks can come in 5-paks and declare themselves cops, too!

What am I to do?

Who is going to be the (several) test case(s) here? How many illegal or incorrect entries will there need to be to change policy? IMO, too many. Police need better technology to prevent loss of life. It just sucks.

But I do know that eroding the right to defend yourself is NOT the way to go. Best to go the other way, so cops take a little more care to make sure before instigating a breach.

The reality is:
There is no real reason to break into a home. None. Everything can be resolved via stand-off. So they flush the drugs? Have a sensor in their sewer line and shut the water off. BFD. Wait them out. Done.
What the hell? You don't have a Saiga-12 and a 20 round drum????


:thumbsup:
 

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The reality is:
There is no real reason to break into a home. None. Everything can be resolved via stand-off. So they flush the drugs? Have a sensor in their sewer line and shut the water off. BFD. Wait them out. Done.
There is a device available at most hardware stores for less than $10, you remove the sewer cleanout cap, stick this thing in and pump it up. Nothing gets past it, it's used to test for sewer line leaks.

When you roll up in a residential area, with 8 dudes in full paramilitary gear and kick a guys door down, there is only one thing your trying to do, intimidation.
 

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some people think im crazy when i say there is another American Revolution/Civil War on the horizon....eventually the majority of this country that does NOT agree with the road we are taking is going to say enough is enough. This is EXACTLY the reason the 2A has been under assault for decades.
:agree: And the funny thing is that this is exactly what this country needs. Revolutions aren't a bad thing as they clean out corruption if done properly and for the right reason.
 

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What the hell? You don't have a Saiga-12 and a 20 round drum????


:thumbsup:
I love mine, but I would rather use something that would punch thru soft armor...gogo stockpiles of M855 / M855A1 5.56

Although I plan on working up a stockpile of M852 and M984 7.62
 

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