[Sans-Culotte]

I do not think the case in question really represents the decision that was handed down. The cops were no doubt called by neighbors because the argument was getting out of hand. The couple were disturbing the peace if nothing else. The judge should have ruled that in that case, the police were not making an unlawful entry as they had probable cause due to the neighbors calling it in. Instead, they took the case as an opportunity to throw out unlawful search and seizure.

[ExTxMarine]

Instead, they took the case as an opportunity to throw out unlawful search and seizure.

Like MOST liberal court decisions, they took a slim situation to over throw a HUGE law (you know that pesky 4th Amendment)! Can anyone say "over-reach?"

More importantly, their reasoning and ruling for the "modern" 4th Amendment, reads like current police officers would NEVER do anything illegal! What a crock! Corruption is readily available in every business/industry/service - all it takes is someone who is willing to be more self-serving! PERIOD!

[muawiyah]

Simple case ~ ol'lady tosses out husband. He comes after his "stuff". She tosses his "stuff" to him and a fight ensues. She retreats to home calls the cops.

That's the INVITATION TO THE POLICE TO ENTER THE PREMISES.

He gets POd when the cops come and he ends up in apartment with the cop ~ and wife.

The decision doesn't have a thing to do with the facts of the case. Lawyers will argue the facts in future cases and where this case doesn't match their facts, they'll ask the judge to forget about it.

I think this one got all balled up when the lawyers in the trial got into instructions to the jury. Somebody got the idea the hubby had a right to keep the cops out. Maybe he didn't realize SHE'D CALLED THEM!

[cycjec]

I don’t care how legitimate the actual circumstances of
the case were, this should never have been written by
any person graduating college, let alone law school.

[SpringtoLiberty]

Keep making excuses for those brave men in blue.

Just because they wera a badge doesn’t mean a damn thing.

Thugs are thugs.

[1010RD]

"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. "I disagree."

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling.

But 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."

You and these two judges are right. The cops had probable cause, this is a domestic dispute and the officers had a right to be in their unit to guarantee their safety. This case will go to SCOTUS.