Before we all overact on this....consider the fact in this one particular case that the wife who has some authority in telling the cop he has permission to enter....she can do so.
We may misinterpret the case and try to compare it to SWAT issues in America, but those are radically different in terms of legal aspects.
In the state of Washington, it is a crime to resist an unlawful arrest.
>> Critics of the decision say the court... could have focused more narrowly, noting police in the case had probable cause to investigate a domestic abuse allegation and the wife inferred her permission for them to enter the home
Duh. I’m not a judge or even a lawyer, and to me it’s obvious this is how they SHOULD have ruled.
Damn judicial tyrants! They’re the worst kind.
Even after they commit suicide by cop?
-—He went on to say that “if the defendant thought the police officer’s entry into his home was illegal, he has plenty of opportunities to raise that issue through the court system. The risk of harm to both the police and the defendant is too great to allow people to take matters into their own hands.”-—
Wow. Evidently one has 4th Amendment rights only after they have been violated and then one must spends years and lots of money in courts to have them upheld. Has Indiana Governor Mitch Daniels said anything on this ruling? Especially since he thought the judicial appointment process in Indiana was far superior to electing jurists.
Impeach those who voted for this first.
Under this ruling what recourse is there if an innocent person loses their life? /S
The state might conclude they are not responsible damaged property in the course of their work and all citizens are in reality property of the state. One need look no further than the right of estate in which the state can take away all property or most of it upon ones passing. /S /S
That one can defend one’s home from unlawful entry is not a right the State can grant: it comes from the Creator. The State’s attempt to intervene in thwarting this inalienable right will not be tolerated nor respected by the citizens, who will resist with violence in individual cases, and at the ballot box.
Power has corrupted the judges, politicians and police. Their audacity is increasingly turning this country into a tense us-versus-them situation, but we surround them.
This might haunt Mitch Daniels.
“He went on to say that “if the defendant thought the police officer’s entry into his home was illegal, he has plenty of opportunities to raise that issue through the court system. The risk of harm to both the police and the defendant is too great to allow people to take matters into their own hands.””
I’d say that given the risk of harm to both the police and defendant, the police need to revisit their policy on home entries that are likely to get a violent response from an innocent citizen that isn’t going to take this kind of crap.
I could care less about this ruling as I have no reason to expect police to enter my home and must assume it’s a home invasion robbery. I will deal with the matter appropriately. If the police do need to enter my home, they will have a warrant or they are not coming in.