Indiana Becomes a Police State: Supreme Court Overrules 4th Amendment

Indiana state flag


A man’s castle is no longer his own.
Once upon a time, the Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.
The 4th Amendment was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. In 1961, in Mapp v. Ohio, 367 U.S. 643, the Supreme Court of the United States ruled that the 4th Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
Alas, all that is no more.
The Supreme Court of the State of Indiana just ruled that it is unlawful for you to resist an unlawful entry into your home.
Dan Carden reports for NWI.com, “Court: No right to resist illegal cop entry into home,” May 13, 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.

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.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said 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.”

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.”

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling. 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.”

This is the second major Indiana Supreme Court 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. Prior to that ruling, police serving a warrant would have to obtain a judge’s permission to enter without knocking.

For the Indiana Supreme Court’s ruling in pdf, click here.

Indiana Supreme Court Justice Steven David


Justice Steven David, who wrote the majority opinion, was a military lawyer and colonel in the US Army.
H/t beloved fellow Will.
~Eowyn
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Anonymous
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Anonymous

Freedom is so “racist,” you know.

tina
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I think Rand Paul,will turn these guys upside down,and they won’t be sure which end is up. I’ll send this to him.

josephbc69
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The judge looks to be an Alfred E Neumann “wannbe,” so I’m not surprised. The idiocy of this ruling is that all-too-often the cops enter ala SWAT style, and only the dead remain to file suit against their killers.

Linda
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Linda

Indiana, is it the firsst state to fall? omg this is the worst ! Hopefully they will take it to the USSC and they will over turn it. I can’t think of anything worse.

Dave
Editor
Dave

This is twelve miles beyond scary.
Hopefully this idiot judge’s ruling will be quickly overturned, because the longer it remains in place and is allowed to fester, the more likely other courts will use it as a precedent.
The people of this country had better start insisting our Constitution be fully enforced, else the growing tyranny taking place in America will soon kill it.
-Dave

d h
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d h

If the officers believed a crime was commited or about to be, and if a victim was present or being hiden, then entering to insure a persons saftey is permitted, and does not violate the 4th admentment. To not assure the saftey of probable victims would be neglegent. The next issue would be finding other contriband, then the warrent issue would come to play. So screw the guy, if he was concerned they might find his battered and bloody wife or kids, he needed to have his ass kicked.

Christopher Lee Ruble
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I’m not sure if I’m supposed to vote on this article for quality of writing or based upon the horrific law which has been made. The people of Indiana are literally under a police state now and most still have no clue what’s going on. I can’t even muster the insults to describe the people who remind blind to this injustice. If there are any decent people inside the Federal government they will throw the hammer down NOW on this and remove these people from their seats and put them in prison. These bastards are lucky we don’t live in… Read more »

Gino
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Does anyone but me know that there are some bad apples in this state in regard to Police. I am not saying they are all bad but what about the ones that drink and drive, and do other shameful things. We can fully trust our own police agencies to do the right thing, why should it be required of us to allow these police, some of which who are criminals themselves, to enter our homes without consent or just cause. This is outrages and awareness is a must. This is just one more freedom taken away from us. I am… Read more »

John Ringer
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fight the police state here. It’s free and easy. tell people.
https://mycountrymyass.com/indiana.html

kevin lee
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Johnny get your gun, a storms a brewing—-last bullet wins

CORY DECKARD
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CORY DECKARD

They really need to read Isaiah 10:1-4 in the holy bible NKJV. Unjust laws are robbing sheep. pack of wolves. Unjust laws cause social anarchy.