WC > Whatevers Clever
bye bye 4th amendment
Page 1 / 1
bye bye 4th amendment
05/20/2011 8:09 am

Moderator
Administrator
Senior Forum Expert


Regist.: 11/17/2010
Topics: 296
Posts: 1121
OFFLINE


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.

Justices Robert Rucker and Brent Dickson strongly dissented, saying the ruling runs afoul of the U.S. Constitution's Fourth Amendment against unreasonable search and seizure, The Times of Munster reported.

"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.

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."

Thursday's decision was the court's second 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. Previously, police serving a warrant had to obtain a judge's permission to enter without knocking.

remember all that fuss about the patriot act? yet now, we have silence, as our rights are slowly eroded...

................
Whatever's Clever
Quote   
05/20/2011 12:43 pm

Forum Expert


Regist.: 02/20/2011
Topics: 132
Posts: 521
OFFLINE
I imagine this will get overturned in Federal court.
Quote   
05/21/2011 6:25 am

Senior Forum Expert


Regist.: 11/20/2010
Topics: 63
Posts: 949
OFFLINE
I hope so.  I dont like the idea of anyone being able to bust into my home and me having no rights.
................
http://i141.photobucket.com/albums/r49/DrHesper/Misc/TributeMartinGrelle.jpg
Quote   
05/24/2011 3:54 pm

Forum Fanatic


Regist.: 04/10/2011
Topics: 12
Posts: 284
OFFLINE
In my mind, as a law abiding citizen, I have the right to defend my home and property from whomever threatens me. Does right extend to law enforcement if law enforcement is willfully disregarding the law??? Does law enforcement identification automatically protect them???
Quote   
05/27/2011 4:37 am

Moderator
Administrator
Senior Forum Expert


Regist.: 11/17/2010
Topics: 296
Posts: 1121
OFFLINE
just another disturbing illustration of the police-state we're creating. the more we empower law enforcement, the more it costs our free and open society. now i don't have a problem with equipping law enforcement with the latest in technology to do their jobs, but they don't need authority that goes beyond the framework of the constitution to do that. again, security at the expense of liberty.
................
Whatever's Clever
Quote   
Page 1 / 1
Login with Facebook to post
Preview