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No Right to Assault Police Officer Entering Home Even if Entrance is Unlawful: Indiana Supreme Court
Volokh Conspiracy ^ | 5/13/11 | Orin Kerr

Posted on 05/13/2011 3:52:05 PM PDT by BCrago66

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To: BCrago66

I’ve been called a lot of things but never a cop. No I could never be a cop and here is why. my technique to stop someone goes like this:

BANG, BANG

HALT

Man I never get that right


41 posted on 05/13/2011 8:11:26 PM PDT by stockpirate (Republicans that vote for socialism, support socialists are socialists.)
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To: Grizzled Bear

yeah not a cop, and I wouldn’t shoot your dog, but I would have kicked that husbands ass.


42 posted on 05/13/2011 8:14:46 PM PDT by stockpirate (Republicans that vote for socialism, support socialists are socialists.)
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To: gogeo

No not Judge Dredd, but old school from my youth.


43 posted on 05/13/2011 8:24:33 PM PDT by stockpirate (Republicans that vote for socialism, support socialists are socialists.)
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To: newzjunkey
No, the court did NOT find it was an illegal entry.

They ruled on on issue shown here. They ruled that EVEN IF the entry had been illegal, the perp does not have the right to decide that, and commit a battery on the LEO in the hope the entry would later be found to be illegal. It cites the other remedies available.

It goes on to describe the many ways LEOs can enter absent a warrant.

That is why it is so important to read the entire piece very carefully, especially when it is from a one-sided source.

44 posted on 05/13/2011 9:04:45 PM PDT by MindBender26 (While the MSM slept.... we have become relevant media in America.)
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To: AEMILIUS PAULUS

So you’re saying tie goes to the wifebeater?


45 posted on 05/13/2011 9:16:28 PM PDT by E. Pluribus Unum (Islamophobia: The fear of offending Muslims because they are prone to violence.)
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To: stockpirate

Shhh!

Did you hear that....?


46 posted on 05/13/2011 9:41:58 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: MindBender26
They ruled that EVEN IF the entry had been illegal, the perp does not have the right to decide that, and commit a battery on the LEO in the hope the entry would later be found to be illegal.

So now if police illegally enter the home of any law abiding person in Indiana, it's against the law for him to resist.

Do you support this ruling?

47 posted on 05/14/2011 12:18:24 AM PDT by Ken H
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To: Ken H

Support ruling? Of course I do

Stop and think this through. Cops arrive and enter due to one of many reasons they can legally enter without warrant

Homeowner thinks entry so he starts fight with cops. Even worse, he produces legally owned firearm and starts shooting. Cops shoot back. In end 2-3 people dead.

As court held, there is now sufficient redress for an illegal entry. 3am, after a dozen beers is not the time to decide whether or not the entry is legal.


48 posted on 05/14/2011 8:03:00 AM PDT by MindBender26 (While the MSM slept.... we have become relevant media in America.)
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To: Ken H

Make that “homeowner thinks (incorrectly as in this case,or even correctly) that entry is illegal”


49 posted on 05/14/2011 8:07:25 AM PDT by MindBender26 (While the MSM slept.... we have become relevant media in America.)
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To: E. Pluribus Unum

I don’t think I said “the tie goes to the wife beater.” I was interested in the wife’s implicit request that the police enter. Go to the Volokh Conspiracy website. He is a somewhat conservative law professor at UCLA-of all places! The website has extensive comment on the decision.


50 posted on 05/14/2011 9:37:39 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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