http://www.foxnews.com/politics/2011/05/15/indiana-high-court-rules-people-resist-illegal-entry-police-homes/
INDIANAPOLIS -- People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law.
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."
Read more: http://www.foxnews.com/politics/2011/05/15/indiana-high-court-rules-people-resist-illegal-entry-police-homes/#ixzz1MZO7TxiX
Inch by inch. >:(
It has been ruled and I don't remember by whom, that police officers do have the right to enter a residence if they believe that evidence is being destroyed.
This will not pass a Supreme Court challenge. The laws are continually being challenged by activist judges , and in most cases thrown out by the Imperial Supreme Court. Search and siezure laws are fairly consistent .
I had to sit back and laugh at the thought of a perp with two kilos of grass sitting on his coffee table not being violent just because of this ruling,when the pooolice come in invited or not. The reasoning is so absurd,as to approach worse than stupid.
I spent ten years on the streets in Sedgwick County,and I can, with some expertise, say that it doesn't make any difference what a law says,if the perp is going to be violent he/she is going to give it their all to keep from going to prison.
Quote from: Humpy on May 17, 2011, 08:46:22 AM
I spent ten years on the streets in Sedgwick County,and I can, with some expertise, say that it doesn't make any difference what a law says,if the perp is going to be violent he/she is going to give it their all to keep from going to prison.
First, thanks for your service. Second I think most law enforcement officers realize that government busting in to a law abiding citizen's home without warrant or probable cause probably deserves a good thump on the noggin.
Thump on a noggin?? I can guarantee that if anyone busts in my home without notifying me who they are or with a lawful warrant, a thump is the least of their worries.
Quote from: Wilma on May 17, 2011, 07:10:25 AM
It has been ruled and I don't remember by whom, that police officers to have the right to enter a residence if they believe that evidence is being destroyed.
So your thinking is that this is a good thing??? You had better pray to God that it never happens to you. You will not survive it if they do come in.
Same thing happened to ms johnston a few years ago.
Kathryn Johnston (June 26, 1914 - November 21, 2006)[1] was an elderly Atlanta, Georgia woman who was shot by undercover police officers in her home on Neal Street in northwest Atlanta on November 21, 2006, where she had lived for 17 years. Three officers had entered her home in what was later described as a 'botched' drug raid.[2][3][4] Officers cut off burglar bars and broke down her door using a no-knock warrant.[5] Police said Johnston fired at them and they fired in response; she fired one shot out the door over the officers' heads and they fired 39 shots, five or six of which hit her.[3][6] None of the officers were injured by her gunfire, but Johnston was killed by the officers. Police injuries were later attributed to "friendly fire" from each others' weapons.[2][3][6]
One of the officers planted marijuana in Johnston's house after the shooting.[7][8] Later investigations found that the paperwork stating that drugs were present at Johnston's house, which had been the basis for the raid, had been falsified.[3] The officers later admitted to having lied when they submitted cocaine as evidence claiming that they had bought it at Johnston's house.[7] Three officers were tried for manslaughter and other charges surrounding falsification and were sentenced to ten, six, and five years respectively.[3]
Quote from: srkruzich on May 17, 2011, 11:09:21 AM
Thump on a noggin?? I can guarantee that if anyone busts in my home without notifying me who they are or with a lawful warrant, a thump is the least of their worries.
I really was trying to be civil, really I was! (Hiding the shotgun behind the curtains)
Johnston was justified in her actions as far as I am concerned, too bad she was killed . As far as the conduct of the officers involved. They should have gone to jail and never worn a badge again. As long as there is the human element involved in any job there are going to be bad apples. Police,city council ,trash men, on to no ending .
98% of the officers I know are moral and decent people with the real interest of the public in mind. Then there are the 2% that taint all officers .
Quote from: Patriot on May 17, 2011, 11:24:30 AM
I really was trying to be civil, really I was! (Hiding the shotgun behind the curtains)
ROTFL civil? Hell I've watched law abiding citizens be civil most my life and what does it get ya, 39 bullets in your body. That lady in atlanta, 98 years old and according to "wiki" which it isn't accurate, She hit all three cops dead on center mass IN THE DARK, with a .357 revolver. Now the ONLY Reasaon she died and the cops lived was they had body armour which was a absolute shame. She shot beautifully! hit her targets and made kill shots. Notice that they shot over 100 rounds and only hit her 39 times. Says a whole lot about how sorry the cops are at shooting their target as well as good lord 39 bullets to take down a 98 year old woman!
Quote from: Humpy on May 17, 2011, 11:31:21 AM
Johnston was justified in her actions as far as I am concerned, too bad she was killed . As far as the conduct of the officers involved. They should have gone to jail and never worn a badge again. As long as there is the human element involved in any job there are going to be bad apples. Police,city council ,trash men, on to no ending .
98% of the officers I know are moral and decent people with the real interest of the public in mind. Then there are the 2% that taint all officers .
Oh you gotta understand, after they murdered ms Johnston, the FBI came in and shut down the entire police department, fired God only knows how many cops, dissolved the drug task force due to its total and absolute corruption, shoot i think they had control of the police department for 3 or 4 years. The corruption went all the way up to the commissioner. And Atlanta police force isn't the worst one there. DeKalb county sheriff department assassinated their own sheriff shortly after he was elected to the position, and the cop that assassinated him walked Scott free!
Not too long after that, the small county of towns county sheriff was arrested along with several deputies for the attempted assassination of a resident in the county. The resident was dating one of the cops ex wives and they decided to kill him for it. The GBI had to arrest him and cart him off to lumpkin county jail because towns was so corrupt that they couldn't trust any of them to keep them locked up.
Needless to say, I don't have much use for law enforcement. The good cops are screwed in trying to do any good.
B.S. I have a right to protect my home, if they are actual police officers following some part of the law they won't be forcing their way into my home. If they are forcing their way into my home they are resisting me and they may be crooks dressed as police. All I can say is boom, boom.
Has there been any news of the guy that shot the burglars at his home a few weeks ago?
Jezzzzzz srkruzich quite a post.
I don't know about Georgia, but I do have extensive knowledge of Kansas police,and I don't see the nightmare you just put up.
I was an LEO for 10 years,my oldest son is a LEO East of here,and a federal guard.
I have known lots of folks that have no use for the police . I don't hold that against them , many have what they think is s good reason,buy remember that if you ever get into trouble, most all will risk death to save you.
Reguardless of an opinion of police,I always have an out streached open hand.
Quote from: Humpy on May 17, 2011, 12:45:19 PM
Jezzzzzz srkruzich quite a post.
I don't know about Georgia, but I do have extensive knowledge of Kansas police,and I don't see the nightmare you just put up.
I was an LEO for 10 years,my oldest son is a LEO East of here,and a federal guard.
I have known lots of folks that have no use for the police . I don't hold that against them , many have what they think is s good reason,buy remember that if you ever get into trouble, most all will risk death to save you.
Reguardless of an opinion of police,I always have an out streached open hand.
Notice i said the good cops are screwed. Law enforcement unfortunately isn't the good cops anymore. :( Its an agenda pushed by the politicians. I can recognize a good cop from a bad one real quick. Seen enough bad ones so that the good ones stand out! Secondly, Good cops aren't going to violate the constitution to uphold a illegal law. Last of all, yes your right a good cop will stand between someone and a civilian if they can, to protect them. BUT There isn't enough of you guys to go around. I'm a firm believer in that my safety and protection is my responsibility in that especially around here if i call for help it takes 35 min for a cop to respond. IN less than 30 seconds i could be dead in an emergency. So it is up to me to protect and defend myself.
I have family members that are cops and I pray they survive any incident they may encounter.
srkruzich I totally recommend that you speed dial 911 with one hand and have a gun in your other if trouble comes your way.
Response time sucks not just here but anywhere.The cops job usually consists of cleaning up the mess someone made of you, and then catching them . On that point we agree .Better tried by twelve than carried by six .
Don't think for an instant that I am a pacifist.
One wag was asked why he carried a gun . He said "because a cop is too heavy".
Police, sheriff or otherwise have no business busting in the doors at 5 am and guns ablazing just because the perp is a bad guy. He probably should have been shot, but not in his own bed, sleeping. Wonder what happend to that case?? :police:
I didn't say it was a good thing. I was just reporting what I had heard on the news. There is also an article in today's Wichita paper about it which I didn't read because I already knew what I wanted to know about it.
Do you have to take everything and make an argument out of it?
Quote from: Wilma on May 17, 2011, 06:02:04 PM
Do you have to take everything and make an argument out of it?
Wilma,
Are you asking someone a qestion or talking to yourself ?
I thought that this might be a case of if the shoe fits, wear it.
I would like to remind everyone of something that happened when the cop didn't bust in with guns blazing. When he tried to reason with the person he was trying to arrest. Greenwood County lost a d**n good sheriff.
Another incident where the homeowner had broadcast loud and clear what he would do if law enforcement showed up at his door even with a warrant. The homeowner is dead because law enforcement expected him to be armed and dangerous. In this case, it could have been one of our own Elk County deputies that died. It was well know what the homeowner thought of the law, just as it is becoming well know what some of our Forum members think of the law.
Quote from: Wilma on May 18, 2011, 07:30:01 AM
I thought that this might be a case of if the shoe fits, wear it.
I would like to remind everyone of something that happened when the cop didn't bust in with guns blazing. When he tried to reason with the person he was trying to arrest. Greenwood County lost a d**n good sheriff.
Another incident where the home-owner had broadcast loud and clear what he would do if law enforcement showed up at his door even with a warrant. The home-owner is dead because law enforcement expected him to be armed and dangerous. In this case, it could have been one of our own Elk County deputies that died. It was well know what the home-owner thought of the law, just as it is becoming well know what some of our Forum members think of the law.
What law? Protecting ones home against criminals?? The Constitution 2nd amendment as well as 4th amendment and eventually 5th amendment all say i can send anyone that breaks in to the great celestial dirt nap. That's the only law that matters. It doesn't distinguish which criminal gets that privileged only that if that criminal comes in without permission, be it given by a judge or by the owner, they take their miserable lives into their own hands.
Now if law enforcement comes up announces they are there with warrant, i'll open the door, read the warrant and allow them in. That's the law. Anyone else that comes up demanding entry is just SH** out of luck.
As a single woman who lives alone I find this law very disconcerning. There is nothing here to protect me from anyone law or criminal. If I hear my door getting busted in I'm shooting. When I find my glasses and my cell phone I'll call 911. Now we have to be as afraid of the law as we are the criminals?
Quote from: Roma Jean Turner on May 18, 2011, 07:21:17 PM
As a single woman who lives alone I find this law very disconcerning. There is nothing here to protect me from anyone law or criminal. If I hear my door getting busted in I'm shooting. When I find my glasses and my cell phone I'll call 911. Now we have to be as afraid of the law as we are the criminals?
Amen Roma.
Steve, I should have said law enforcement. The person in question had stated that he would not be taken alive and would shoot anyone who tried to arrest him. The officers were armed with a warrant and did knock on his door and did expect to be greeted with a shotgun blast. They were trying to do their jobs as law enforcement officers which is to serve a warrant and make an arrest.
Roma, when you get moved over here, you will not need to worry about law enforcement busting into your house with guns blazing. You might, however, look out for citizens that think they know more than the people that are trained for the jobs they do.
Quote from: Wilma on May 18, 2011, 07:55:21 PM
Steve, I should have said law enforcement. The person in question had stated that he would not be taken alive and would shoot anyone who tried to arrest him. The officers were armed with a warrant and did knock on his door and did expect to be greeted with a shotgun blast. They were trying to do their jobs as law enforcement officers which is to serve a warrant and make an arrest.
Roma, when you get moved over here, you will not need to worry about law enforcement busting into your house with guns blazing. You might, however, look out for citizens that think they know more than the people that are trained for the jobs they do.
Maybe they were, and if they did it right then good job. So far i haven't had a problem with officers in the area and the ones that came around aren't stupid. They know they can't enter your property without an invite, be it warrant or personal invitation. But the ones i have encountered are my age and the simple fact is that this court has LEGISLATED an ILLEGAL law to nullify the 4th amendment. This will be seen by many LEO's as a free pass to violate constitutional rights. HEck i just listened to a audio clip of Philadelphia Officers violating a citizens right to open carry a firearm. They totally violated his right, comitted wanton endangerment against that citizen and another felonious act of terroristic threats when the officer told him if he didn't do as he said he would kill him. 40 min later they had to give this citizen his firearm back, and they got real sweet and nice when they found out they didn't know their own laws. And before anyone says that cops can't know all the laws, the judges will tell anyone that comes before them.... "IGNORANCE OF THE LAW IS NO EXCUSE"
Good to be reminded of that Wilma. The home invasions have become a little to close for comfort around here. Glad to be moving to Moline.
The law around here are FOR the peoples right to bear arms.. We have the good guys in our town ... :)
Quote from: Teresa on May 23, 2011, 09:43:51 PM
The law around here are FOR the peoples right to bear arms.. We have the good guys in our town ... :)
Thats good to know! As long as they uphold their oath to defend and uphold the constitution, i don't have any problem :)