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maybe this is the right place
Anonymouse
Member Posts: 4,050
i posted in the other forum about the nra and got ran out of there with brooms and pitch forks,,, [V]
maybe this is the right place to ask this question,
what do u think of the indiana supreme court ruling that says u are unable to stop the police from entering your home even if the entry is unlawful???
http://www.chicagotribune.com/news/local/breaking/chibrknews-ind-court-no-right-to-resist-unlawful-police-entry-20110513,0,2225708.story
The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."
In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking , including concerns for an officer's safety or that a suspect may escape or that evidence may be destroyed.
"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," wrote Justice Steven David. "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 can still be released on bail and has other opportunities to protest the entry through the court system.
The Northwest Indiana Times reports that the court's decision stems from a 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, according to the newspaper. 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.
Justices Robert Rucker and Brent Dickson dissented, saying the court's decision runs counter to 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."
Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations, they would have supported the ruling.
i kinda support the ruling,,, cops aint out to get you they are just trying to do there jobs and yes even the police can make a mistake,,, i am surprised people are so against the police who else do you call when burglers are at ur door????
maybe this is the right place to ask this question,
what do u think of the indiana supreme court ruling that says u are unable to stop the police from entering your home even if the entry is unlawful???
http://www.chicagotribune.com/news/local/breaking/chibrknews-ind-court-no-right-to-resist-unlawful-police-entry-20110513,0,2225708.story
The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."
In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking , including concerns for an officer's safety or that a suspect may escape or that evidence may be destroyed.
"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," wrote Justice Steven David. "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 can still be released on bail and has other opportunities to protest the entry through the court system.
The Northwest Indiana Times reports that the court's decision stems from a 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, according to the newspaper. 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.
Justices Robert Rucker and Brent Dickson dissented, saying the court's decision runs counter to 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."
Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations, they would have supported the ruling.
i kinda support the ruling,,, cops aint out to get you they are just trying to do there jobs and yes even the police can make a mistake,,, i am surprised people are so against the police who else do you call when burglers are at ur door????
Comments
This is another example of a police state who 1) fears everybody 2) just decides every body is a bad guy so it's okay to treat them that way.
This is clearly a violation of the 4th amendment. Deserved? Since ignorance abounds, probably. Despite that, it is NOT okay.
Have you read and do you grasp what Amendment IV clearly states?
Scratch that, you agree with the courts that police now don't need to adhere to that pesky quaint, inconvenient ol' Constitution.
And yet again we are witness to a perfect example of how and why the Republic and individual liberty are being deliberately and systematically destroyed by government that is facilitated by ignoramus-dupes and/or willful collectivists.
Sickening.
You are insane. If anybody busts down a door, they can can expect to be treated as UN-invited. If it is a mistake, they can suffer the consequences. When it is happening at light speed, there is no time to find out if it is a good guy making a mistake or a bad guy coming to do harm. It is universally understood that if you are a good guy, anybody breaking your door down is a bad guy and will be treated as such.
This is another example of a police state who 1) fears everybody 2) just decides every body is a bad guy so it's okay to treat them that way.
this guy felt the same way u did,,,
http://www.fox11az.com/news/local/Possible-lawsuit-in-Tucson-SWAT-shooting-121714824.html
If not ,they need to stay on the street .
quote:Originally posted by jpwolf
You are insane. If anybody busts down a door, they can can expect to be treated as UN-invited. If it is a mistake, they can suffer the consequences. When it is happening at light speed, there is no time to find out if it is a good guy making a mistake or a bad guy coming to do harm. It is universally understood that if you are a good guy, anybody breaking your door down is a bad guy and will be treated as such.
This is another example of a police state who 1) fears everybody 2) just decides every body is a bad guy so it's okay to treat them that way.
this guy felt the same way u did,,,
http://www.fox11az.com/news/local/Possible-lawsuit-in-Tucson-SWAT-shooting-121714824.html
Your point being?
Should we just roll over, give up our arms and let the police decide what is best for us?
Many situations a LEO will be justified in taking action, but removing the checks and balances will embolden those than have the "us vs. Them" mentality into believing they are right.
Try reading the BoR once or twice.
COB
You must be careful and suspicious of your government and it agents (police, etc.). And doing that does not make one a "radical." Reason being that American governments (federal, state, city) are supposed to be our servants, but too many politicians want to be our masters.