Court: No right to resist illegal cop entry into home[Indiana]

nwitimes ^ | Thursday, May 12, 2011 | Dan Carden

[newzjunkey]

Decision available here: Barnes vs. Indiana (Acrobat PDF)

"We hold that there is no right to reasonably resist unlawful entry by police officers."

Amazing!

[newzjunkey]

The decision is available here: Barnes vs Indiana (Acrobat PDF)

[newzjunkey]

Dissenters:

Robert D. Rucker was appointed to the Indiana Supreme Court by Governor Frank O'Bannon (D) in 1999.

Brent E. Dickson was appointed to the Indiana Supreme Court in January, 1986, by Governor Robert D. Orr (R)

Majority:

Randall T. Shepard of Evansville was appointed to the Indiana Supreme Court by Governor Robert D. Orr (R)

Frank Sullivan, Jr., was appointed to the Indiana Supreme Court effective November 1, 1993, by Governor Evan Bayh. (D)

Steven H. David was appointed by Governor Mitch Daniels in 2010. (R)

[Ken H]

Thanks.

[momtothree]

Thanks. I was stunned that this came from Indiana. Some of my husband’s family is from there. I wouldn’t be surprised if this came from Mass or MD. That would make more sense since the elimination of freedoms are very common in those states. However, INDIANA? I am hoping this will be challenged legally and overturned. If not, I would suspect many more states trying this. IMHO

[OneWingedShark]

The saying, "All it takes for evil to succeed is for good men to do nothing", sure applies to our country nowadays.

I've been thinking about all this. State level. Federal level.

[Noumenon]

Well THAT just reset the rules of engagement, didn’t it? Draw your own conclusions. Do what must be done.

[Noumenon]

This sets a precedent; it is a tool to be used elsewhere and in a different manner. None of it to our advantage.

[Del Rapier]

As the economy slips away so does our rights,there always seems to be more and more fear that as the money dries up for enforcement-the cure is to make that enforcement as easy to affect as possible.

This country goes on,just remember that laws can change,that the wrong steps can be redressed.That we can keep moving this land into a right direction.

[zeugma]

Because life is a foul joke, a feeble and thin hopeless exercise in weak justification, made foolishly.

Ecclesiastes discusses this in great detail.

Ecclesiastes 1:14 

I have seen all the works that are done under the sun; and behold, all [is] vanity and vexation of spirit.

 

[bushpilot1]

here ya go...

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1803496

Executive Power and the Law of Nations in the Washington Administration

Robert Reinstein
Temple University - James E. Beasley School of Law

1 April 2011

[patlin]

thx, saved for more indepth reading when my brain & body is not so fried fronm having the grandchildren for 2 days

[jocon307]

“The ruling is idiotic. I don’t know whether this can be challenged, but I believe it can be since the issue here is 4th Amendment.”

I can only assume this is going to be appealed to the Supreme Court. It is a seriously bad idea.

Jonah Goldberg had a little post one day (I don’t remember what prompted it) remarking that he was surprised to see that a big divide on the Right was between those who were “pro-cop” and those who were “anti-cop”. That’s just shorthand and those are my words not his.

Of course, as a dweller on these boards I was surprised he was surprised.

I’m in the middle on this stuff, but I’m coming to think we’ve got to start watching and being wary of the cops even more lately. I’m concerned about what may happen in some situations involving unions and just in general I’m concerned that cops are starting to be used to restrict our liberty.

This decision in Indiana fits right in there. It needs to be appealed and it needs to be reversed.

[Nate505]

I knew the 4th Amendment was on life support in this country, but hell, I didn’t know Indiana decided to fire a Gatling gun for 20 minutes into its now bullet ridden body.

[redgolum]

Just wow.

Stuff like this is why I am no longer comfortable flying the flag. It means little.

[opus86]

Many in Indiana will use the old judged by twelve is better than carried by six rule.

Including me. This decision may end up causing more shootings of LEO.

[Red in Blue PA]

Why not just force the homeowner to give beds, shelter and food to the police and military?

Seriously, how far of a step is that from this?

[TheBigJ]

Indiana Supreme Court
Division of Supreme Court Administration
State House, Room 315
200 W. Washington Street
Indianapolis, IN 46204
Hours: 8:30am-4:30pm
Phone: (317) 232-2540
Fax: (317) 232-8372

3 traitors to the U.S. Constitution listed below, who unbeknownst to them (give it time) just nullified there own Constitutional rights upon the first causality of their decree:

1) Randall Terry Shepard
http://www.in.gov/judiciary/supreme/bios/shepard.html

2) Frank Sullivan Jr.
(Frank E. Sullivan) married to Cheryl Gibson Sullivan
http://www.in.gov/judiciary/supreme/bios/sullivan.html

3) Steven Howard David, married to Catheryne Elaine Pully
http://www.in.gov/judiciary/supreme/bios/david.html

Investigators & patriots, feel free to post their home addresses and phone numbers.

[SkyPilot]

I have not read all of the Freeper comments to this article (and it has been posted on Free Republic 3 times), however, I suspect there will be some from the law enforcement community who will defend this outrage.

Unless the good, honest police officers rebel, and publicly refuse this obvious violation of the 4th Amendment, we will head down the path to our Police State in very short order.

Unfortunately, I don't envision the law enforcement community doing anything, except taking advantage of this 3-2 "decision" by a group in black robes who should be thrown into prison themselves for treason against the Constitution of the United States.

[bamahead]

"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,"

Living. Breathing. Document. As the statists would have you interpret it.



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