Posted on 05/17/2011 10:08:41 AM PDT by Abathar
INDIANAPOLIS -- Capitol Police in Indianapolis are investigating harassing phone calls and email messages to the Indiana Supreme Court following a recent contentious ruling regarding property rights.
Police won't say how many calls and messages have been received or whether they're addressed to a specific justice.
Court spokeswoman Kathryn Dolan told The Times of Munster the threats are mostly directed at police officers. Quantcast
The state's highest court ruled Thursday that Indiana residents have no right to resist police making an unlawful police entry into their homes.
In a 3-2 decision written by Justice Steven David, the court ruled that people confronted with an illegal police entry into their homes should allow entry and sue later for damages.
It said resisting entry increases the risk of escalating violence. The decision overturned centuries of common law.
"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 in the ruling.
(Excerpt) Read more at theindychannel.com ...
“How about something a little more permanent like 7.62x54r”
Not sure how good that would work in my shotgun.
If, after the fact it is determined to be a bad warrant, then sue the hell out of them. But when a warrant is actually being served how can anyone know with 100% certainty that it's bogus?
do not forget the 9th.
Iowegians did it.
through personal armor?
The Indiana Supreme Court only has five justices?
Sounds like it’s tailor made for wingnut decisions to me.
I wonder if the Indiana state attorney general took a position on this case, any time before this ruling; in the form of a brief weighing in on the case or in the form of a public statement?
At 'inside a modern habitation' range 00 buckshot is quite 'permanent', and very messy. Think of unloading a 20 round subgun magazine as a comparison, only you're doing it with only one shot...
the infowarrior
Okay Mitch, this is a deal breaker, right here and now.
If you want any support for your run at all you better the hell speak out on this ruling, and it better be soon.”””
EXACTLY
“When you have to shoot, shoot. Don’t talk...” - Tuco. The Good, the Bad, and the Ugly.
Not that I was aware of or heard about.
I think that the public outcry is so loud SOMEBODY from Mitch’s administration had better go public with their stance on this soon.
If he doesn’t I will actively campaign against him when he announces, and I was starting to lean a little his way until this.
Anyone in the Daniels camp who reads this better give him a kick, and soon. It isn’t just me that is majorly p*ssed about this, listen to local talk radio or drop into any Indiana news chat room and you will see what I mean.
That - the state Attny Gen - is where groups should pressure the state adminisitration; seeking the attny gen to file a brief to the appeals court in support of the plaintiffs.
can’t believe we are having this argument but, any cop will have a “vest” on so a shotgun blast will knock him over and piss him off but a high power rifle round will go through (and probably out the other side to take out his buddy behind him). No, 00 buckshot is NOT the same partly because of the velocity.
This is all just technical speculation of course ;-)
Mitch appointed him, but is Indiana a state where the Governor has a real choice in such appointments, or is it one, like my Iowa or Palin’s Alaska, where the Governor is forced to choice from a list supplied by someone else, a list that can be stacked as to provide no real choice. It’s possible this ruling is a deal breaker for his national aspirations, but it’s also possible he really had no choice. We need to learn that first before non-Hoosiers jump on it. Hoosiers of course need to investigate their “Iowa” options as well as get someone to appeal this to Federal Court. And pray for sanity there.
Have you ever fired a 12 gauge round at your average 'creep' target at the range you would be firing in a home-defense scenario? I have. The spread covered chin to upper thighs. Pellets to the neck area are going to do a whole lot more than just piss the target off. Tactical vests are fine and good for the areas they cover, but that isn't everywhere...
the infowarrior
If, after the fact it is determined to be a bad warrant, then sue the hell out of them. But when a warrant is actually being served how can anyone know with 100% certainty that it's bogus?
A copy may lawfully serve an illegitimate warrant, if the cop has a reasonable belief that the warrant is legitimate. That does not give the state any legitimate basis for using anything they find (judicial claims to the contrary notwithstanding) but the fact that a warrant is--unbeknownst to the cop serving it--illegitimate does not make the cop a robber.
On the other hand, a cop who conducts a search in a fashion which he cannot reasonably believe to be legitimate, is a burglar or robber (depending upon whether he accosts occupants in a dwelling). It is right and proper for citizens to defend themselves against robbers by any and all means necessary.
Judge Napolitano on the 4th Amendment Extremely educational
http://www.youtube.com/watch?v=G8wEUhlXLG8
Thanks for that, it was very educational. Glad someone with his background sees it the same way I did the instant I read their decision.
And it's illegal to do even that!
“modern” is the key word for “post-modernist” thinking that the discretion of the elite ruling class in the “modern” time trumps all previous laws either written or common.
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