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Re: This sets a helleva precedent...

By: keystone in FFFT | Recommend this post (0)
Sat, 14 May 11 2:00 AM | 52 view(s)
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Msg. 29082 of 65535
(This msg. is a reply to 29075 by oldCADuser)

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Good Evening!

I believe that the decision is not quite as heavy handed as it might seem to be.

The Judge is not denying the significance of the 4th Amendment. He is trying to reduce the possibility of violence.

It isn't really a case of warranted and warrantless searches.

It sounds like a poor example of a policeman operating "under cover of law" when in fact it might not be so.

There is at law the concept of exigent circumstance which is also broad enough to "forgive' the conduct of the officer.

I do not believe that the 3 Judges made such a hideous mistake.

The right to privacy, even within a home, is subject, if violated to civil remedy.

Taking a gun out and blowing a cop away because he doesn't have a warrant is insanity. A persons home is not his castle. A man does not have the right to kill a man inside his home under almost all situations.

I don't think this is a chilling intrusion on my Constitutional Rights.

It is wrong. It should be punished. But it clearly need not escalate with more violence.




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The above is a reply to the following message:
This sets a helleva precedent...
By: oldCADuser
in FFFT
Fri, 13 May 11 9:16 PM
Msg. 29075 of 65535

Court: No right to resist illegal cop entry into home

By Dan Carden

Thursday, May 12, 2011

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."

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...

For the full article, go to:

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

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