Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Court: No right to resist illegal cop entry into home[Indiana]
nwitimes ^ | Thursday, May 12, 2011 | Dan Carden

Posted on 05/13/2011 6:35:22 AM PDT by jaydubya2

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200201-202 next last
To: bamahead

the world system people have taken over our republic.


181 posted on 05/15/2011 8:16:25 AM PDT by ken21 (dem taxes + regs + unions = jobs overseas.)
[ Post Reply | Private Reply | To 180 | View Replies]

To: bamahead

At least 99% of this crap would vanish the day after the “War on Drugs(TM)” was ended. Whatever anybody thinks they’re getting out of the war on drugs is not worth the price we pay for it.


182 posted on 05/15/2011 8:30:34 AM PDT by wendy1946
[ Post Reply | Private Reply | To 180 | View Replies]

To: momtothree
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.

I've got to say that I don't think this ruling would come out of MD. The COA pretty much hates the police and the CSA would have Charlie Moylan deal with this since he gets all the law enforcement/4th and 5th Amendment cases.

He's sharp as a whip and truly understands police/state power vs the individual and is not afraid to tell the police when they are wrong.

Regards.

183 posted on 05/15/2011 8:58:40 AM PDT by Abundy
[ Post Reply | Private Reply | To 165 | View Replies]

To: jaydubya2

I think that most of you are purposefully mis-interpreting this case and the ruling.

I believe that the ruling was that the homeowner had no right to assault the police officer, who was performing his duty. You can’t just run in the house and shut the door when a police officer shows up to investigate a complaint. Now, if you are already inside when the officer arrives, it may be a different story. The courts are not just going to rule it mutual combat when an officer is trying to investigate a complaint.

I think that we are missing a lot of the details, here.


184 posted on 05/15/2011 9:16:29 AM PDT by Eva
[ Post Reply | Private Reply | To 1 | View Replies]

To: Eva

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

“Now this Court is faced for the first time with the question of whether Indiana should recognize the common-law right to reasonably resist unlawful entry by police officers. We conclude that public policy disfavors any such right.”

How has either of those sentences been misinterpreted?


185 posted on 05/15/2011 9:36:11 AM PDT by Immerito (Reading Through the Bible in 90 Days)
[ Post Reply | Private Reply | To 184 | View Replies]

To: Immerito

I just cannot imagine that those are the exact words of the court ruling.

No right to “reasonably resist” throws up questions in my mind. Reasonably resist is not what happened in this case. It seems to have nothing to do with this particular case.


186 posted on 05/15/2011 10:04:00 AM PDT by Eva
[ Post Reply | Private Reply | To 185 | View Replies]

To: Gena Bukin

At the very heart of nearly all that is wrong, or going wrong in our country, is our obeisance to the USSC. The Supreme Court has no right shaping the laws of this country. We bow and scrape to their every decision, even letting them tell us what “IZ” is. It empowers the legislative class, and the executive class too. They hold the sword over our heads with the threat of “liberal judges” or “fascist judges”, depending on your POV. In truth, the USSC should have very little effect on the laws of this country, other than to make sure they fit within the structures of the Constitution, and to balance the other branches of government. NOT to overrule control them all. Rather than being a co-equal branch, they are the top of the food chain.


187 posted on 05/15/2011 10:25:03 AM PDT by runninglips (Republicans = 99 lb weaklings of politics.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: jaydubya2

There is no “modern” 4th ammendment. There is always the Bill of Rights. They can word it otherwise, but it will always be there. Stand up People.

Who were the judges that ruled in favor of this violation?


188 posted on 05/15/2011 10:31:53 AM PDT by digital-olive
[ Post Reply | Private Reply | To 1 | View Replies]

To: momtothree
Truly, we are not far from the time when the authorities could have sex with your wife, and you could do nothing but file a grievance. Tell me what would happen if a police officers showed up at your door, asked for entrance, and you told him NO? He wants in, he kicks the door in, saying that there was a "disturbance". He handcuffs the husband, takes the wife into the back room for "questioning". Comes out after "hearing" what he wanted, he arrests the husband for Domestic Violence. Of course since the husband and wife can not legally talk to one another, because of the charges pending, the wife goes to the police station to tell her story. No one believes her, because of course "those type of people" that are prone to incidents of DV, will tell any story to "save their skin". The husband is automatically guilty, and will have to pay fines, and go to classes, no matter the outcome of a trial. For this couple to mend their lives, will they not usually drop the matter?

You see, we are very close to a place that people in the USSR, or many other tyrannical societies have lived in. The police can do what they will, as long as it is not on videotape. When caught they are put on paid leave, given raises, or transferred to another district.

189 posted on 05/15/2011 10:35:44 AM PDT by runninglips (Republicans = 99 lb weaklings of politics.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: for-q-clinton

You think like me, I posted something similar in #189. We truly are in a most dangerous time in our history.


190 posted on 05/15/2011 10:38:07 AM PDT by runninglips (Republicans = 99 lb weaklings of politics.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: bvw

The very existence within the courts of ruling by precedent, abrogates the restrictions on govt by the Constitution. THAT is the seed by which our Republic fell.


191 posted on 05/15/2011 10:56:56 AM PDT by runninglips (Republicans = 99 lb weaklings of politics.)
[ Post Reply | Private Reply | To 54 | View Replies]

To: runninglips

Certainly the courts of today put estranged chains of precedent ahead of fidelity both written law and natural law. By “estranged” I mean that the chains of precedence become over time more and more distant from the law, written and natural.


192 posted on 05/15/2011 11:02:29 AM PDT by bvw
[ Post Reply | Private Reply | To 191 | View Replies]

To: Eva

Those sentences come directly from the pdf of the court ruling. Look for yourself.

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

“Now this Court is faced for the first time with the question of whether Indiana should recognize the common-law right to reasonably resist unlawful entry by police officers. We conclude that public policy disfavors any such right.”

http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf

Now that you have looked at the actual court ruling, how can you argue that either of those sentences been misinterpreted?


193 posted on 05/15/2011 2:13:43 PM PDT by Immerito (Reading Through the Bible in 90 Days)
[ Post Reply | Private Reply | To 186 | View Replies]

To: Immerito

No, and I think that it is time to look into the background of the judge that would write such a thing. Who appointed the judges, where they went to law school, etc.


194 posted on 05/15/2011 4:51:48 PM PDT by Eva
[ Post Reply | Private Reply | To 193 | View Replies]

To: runninglips

Your scenario is not far from being plausible. I see if the victim complains then they would even be further harassed. For example, a “new” drug charge. Easy enough to do. Pull one over, plant the drugs and do an arrest. In no shape, form or manner does this ruling do anything but hinder/hurt real law enforcement officers. The separation between civilians and the police will even widen. Maybe to levels never seen before. We truly are living in dangerous and frightening times.


195 posted on 05/15/2011 6:00:16 PM PDT by momtothree
[ Post Reply | Private Reply | To 189 | View Replies]

To: exit82
“Where the hell is Mitch Daniels?”

“Where the hell is Mitch Daniels?”

Mitch Daniels appointed this sh*&t for brains judge recently!

Google: Mitch Daniels & Steve David

196 posted on 05/16/2011 10:05:32 AM PDT by TheCause ("that these United Colonies are, and of right ought to be, free and independent States")
[ Post Reply | Private Reply | To 39 | View Replies]

To: jaydubya2

Police state alert!


197 posted on 05/16/2011 4:23:50 PM PDT by austingirl
[ Post Reply | Private Reply | To 1 | View Replies]

To: austingirl

Constitutional crisis grows...

IN Sheriff: If We Need to Conduct RANDOM HOUSE to HOUSE Searches We Will

http://www.mikechurch.com/Today-s-Lead-Story/in-sheriff-if-we-need-to-conduct-random-house-to-house-searches-we-will.html


198 posted on 05/16/2011 5:04:55 PM PDT by TheBigJ
[ Post Reply | Private Reply | To 197 | View Replies]

To: Eva

Shepard, C.J., and Sullivan, J., concur.
Dickson, J. dissents with a separate opinion.
Rucker, J. dissents with a separate opinion in which Dickson, J. concurs.

Their biographies can be read here:

http://www.in.gov/judiciary/supreme/bios/shepard.html


199 posted on 05/17/2011 8:35:22 PM PDT by Immerito (Reading Through the Bible in 90 Days)
[ Post Reply | Private Reply | To 194 | View Replies]

To: Eva

See also: http://www.in.gov/judiciary/supreme/bios.html


200 posted on 05/17/2011 8:36:42 PM PDT by Immerito (Reading Through the Bible in 90 Days)
[ Post Reply | Private Reply | To 194 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200201-202 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson