No stopping the police from coming in your home.

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Joined: 01/01/06
Posts: 262
No stopping the police from coming in your home.

The above article discusses a ruling in Indiana and states in part
"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. In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry.
"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."
David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system."

Do you believe a homeowner should not be allowed to stop a police officer from entering their home without a warrant?

Joined: 04/12/03
Posts: 1683

WTH? This will never hold up. 4th amendment and SCOTUS rulings have been pretty clear on this. Hell no will I allow police to just enter my home. They can get a warrant.

I was watching an episode of the AK troopers show. They knocked on the door of a guy they suspected was growing pot. He said they couldn't come in without a warrant. The cops said okay, but he wasn't allowed back in until the had the warrant and searched the place.

Any evidence IN police find as a result of the unlawful search will be thrown out in court.

Joined: 01/01/06
Posts: 262

I agree with you. That is exactly why this court ruling is such a big deal....because the judges are saying you can't stop the police. That resistance could lead to more violence so you can go to jail if you resist. ?!?!?! If you resist illegal entry to your personal property you go to jail....that just boggles my mind. I don't see how a court can issue such a decision...but they have! The repercussions are huge--they go to personal property rights, admissible evidence, etc...

Right now, you don't have to let a police search your car...if they can search your house, what's to hold them back from searching your car, bags, etc...

Joined: 03/16/15
Posts: 53852

So basically they are saying that when a member of the public resists an illegal entry there are more injuries than if they don't, so they make it illegal to refuse an illegal entry rather than prosecuting the cops who are not doing their jobs properly???

Brutal to take away rights from the "innocent until proven guilty" just because the cops are idiots who can't wait for a warrant and do their job RIGHT.

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