Goodbye 4th amendment.

[srkruzich]

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

[Patriot]

Inch   by   inch.   

[Wilma]

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.

[Humpy]

  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.

[Patriot]

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. 

[srkruzich]

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.

[srkruzich]

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]

[Patriot]

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)

[Humpy]

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 .

[srkruzich]

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!