Posted on 05/16/2011 5:15:40 PM PDT by Nachum
Indiana’s highest court has turned against our rights and the Constitution of the United States. The Supreme Court of Indiana has just decided that the Fourth Amendment of the U.S. Constitution does not apply to the citizens of Indiana.
The court has decided that Hoosiers have no right to be safe in their own homes from illegal entry, search, and seizure by police. Indiana’s highest court has just said that Hoosier stormtroopers can invade any home at ay time and citizens have no right to resist because it is “against public policy.”
Blogger Bruce McQuain said this appalling incident in Indiana is an example of, “why you have to constantly protect your rights daily from attacks from within,” and boy is he right.
NorthwestIndiana.com pinpoints the problem perfectly.
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.
The Supreme Court has decided that the right to be safe in one’s own home is not as important as the state being allowed to batter down people’s doors at will. Justice Steven David averred that there are enough protections of homeowners after they are accosted illicitly by police, after they’ve been arrested and possibly physically harmed, and after the state has caused them to spend untold thousands of dollars on their own bail and defense in the courts.
“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.”
This turns natural rights on its head and alters the basic compact between citizen and government in the USA. It takes us from an “innocent until proven guilty” premise to one where citizens have no rights at all unless the state deigns to allow them.
Now, the argument that the anti-constitutionalists make almost sounds sensible at first blush. This ruling, they say, is merely meant to prevent any chance that the actions of a homeowner in a given situation will “escalate the level of violence.” If homeowners sit meekly by and allow police to illegally enter their home, why the level of violence won’t grow. We need to protect the lives of our police, right?
Almost logical, eh?
The problem is that with a rule such as this in place, the police have no real reason to be sure that they are in the right when battering down a homeowner’s door in the first place. Freed from this onerous requirement to be 100% sure, they will find themselves battering down doors with little provocation because, hey, THEY are covered by the law from being wrong. THEY don’t need to be sure that the home they are invading is the right home, one inhabited by real criminals. Why, it can all be cleared up later, right? So the citizen can just shut up, sit down, and take this violation of his rights.
That’s right, you, the citizen, can just shut up, taste the cop’s boot heels, and maybe (if you are lucky) some judge down the line might agree with you that your rights were violated and, gosh, they need to mumble an apology to you sometime.
As McQuain said, this is proof of why we need to zealously protect our rights and fight for them every day.
It is also proof that our legal system is badly breaking down. It is proof of yet another thing, too. It is proof that these “judges” have no fear of the people. The Indiana Supreme Court judges that voted in support of this outrageous decision should all be thrown off the bench if not by outright impeachment, then at least in the next election.
But, I’d rather see impeachment, as opposed to election turnovers. Our elected politicians need to begin to systematically eliminate judges of this sort who have turned against the US Constitution. These people need to fear for their jobs. Impeachment of these un-American monsters has never been used enough and we should start doing it ASAP.
When even a red state such as Indiana starts turning against our natural rights, we know our governments have turned against we the people.
“... It is proof that these “judges” have no fear of the people....”
That will not always be true.
What? You think a RINO is going to help?
Actually Daniels appointed the judge who wrote the decision to allow this.
Well hell, the US Supreme Court just threw the 4th amendment out the window. Who cares what the Indiana Court did. We now live in a police state.
Not exactly. Maybe it was a RINO that put these fools on the court to begin with.
Where a state tries to ignore the Constitution, isn’t that an issue for the Supreme court?
Mitch Daniels = Stealth Sharia
They need to be reminded what happened to King George III in 1776!
I can’t seem to find a site for MD.
Anyone know how to get in touch?
I have a few words...
Nothing in the opinion gives law enforcement the right to enter your home without a warrant, or to use evidence obtained from an illegal search against you. Nor does the decision prevent any officer who engages in such conduct from being charged criminally or sued civilly.
The "sovereign citizens" who are screaming bloody murder about this should go back to tilting at windmills about the eviiiiiillllllllll corporate conspiracy and the UCC.
BTW, this is about the 10th thread on this topic that has been started in the past few days.
Thx
So what?
We can read, investigate and find out what is really going on.
Is that a problem?
Did the author get that right?
______________________________________
"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.
Do you think the above is consistent with the original meaning of the Fourth Amendment?
So, Mitch you appointed this clown. What are you going to do about it?
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