I dont see this going over too well if other states follow suit
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I dont see this going over too well if other states follow suit
http://www.nwitimes.com/news/local/g...3df229697.html
Cops entering homes for no reason + paranoid gun owners thinking someone is breaking in = lots of bloodshed
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
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
Cops entering homes for no reason + paranoid gun owners thinking someone is breaking in = lots of bloodshed
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I heard about this. People are pretty pissed and from what I understand...police are setting new policies in place to protect themselves even more if they do walk into someones house, unannounced and without any warrants. They dont have to announce who they are when entering a home, which I see it going VERY badly for some home owners and police officials. Someone WILL get hurt or shot, which will probably force the laws to be changed again.
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You know what's fun? Put a 2x6 in braces across the door like they used to do a couple hundred years ago. Break THAT with your puny 50lbs ram, ninjas! 
IF the police are smart, they continue to have this case (forcible entry with no reason) to a VERY rare exception. Because whatever the judge says, people are going to resist intrusion into their domiciles. Hey I know, let's make it an offense to prevent what comes natural to 100% of US Americans!
IF the people are smart, they will lean on their legislators in the entire 4th circuit and get laws passed preventing them getting jacked up for preventing unwarranted entry into their homes.
Those are two pretty big IFs and my guess is somebody ends up dead or in prison for a long long time because of this VERY STUPID 3-2 court ruling. Here's hoping it gets overturned and then some on appeal. As the next step is the supreme Court, good luck with that in general, and good luck indeed getting it through in <2 years. :angry:
IF the police are smart, they continue to have this case (forcible entry with no reason) to a VERY rare exception. Because whatever the judge says, people are going to resist intrusion into their domiciles. Hey I know, let's make it an offense to prevent what comes natural to 100% of US Americans!
IF the people are smart, they will lean on their legislators in the entire 4th circuit and get laws passed preventing them getting jacked up for preventing unwarranted entry into their homes.
Those are two pretty big IFs and my guess is somebody ends up dead or in prison for a long long time because of this VERY STUPID 3-2 court ruling. Here's hoping it gets overturned and then some on appeal. As the next step is the supreme Court, good luck with that in general, and good luck indeed getting it through in <2 years. :angry:
