INDIANAPOLIS No right to resist police....

[joshh]

http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

INDIANAPOLIS | 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.

The court's decision stems from a Vanderburgh County case in which police were called to investigate a husband and wife arguing outside their apartment.

When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter. When an officer entered anyway, the husband shoved the officer against a wall. A second officer then used a stun gun on the husband and arrested him.

All I can say is this is utter BS. This pretty much gives cops way too much power than they already have.

[mrsleeve]

SCOTUS is going to over turn this they have ruled counter this on several occasions.

[Ryan Stewart]

SCOTUS is going to over turn this they have ruled counter this on several occasions.

Wouldnt bet on it:

http://www.scotusblog.com/case-files/cases/kentucky-v-king/

[Brandon12V]

ummm... yea this is BULL SHIT along with all the other road construction debt Mitch Daniels managed to put us in 2 years ago. Cops are already big enough assholes here. They've really been pushing taxations and citations lately meet their "budgets".

[mrsleeve]

Wouldnt bet on it:
http://www.scotusblog.com/case-files...ntucky-v-king/

I would as they already have several times

http://www.constitution.org/uslaw/defunlaw.htm

The case you are citing dose not fall under an illegal entry. You know the kind when the cops serve a No knock warrant at 4 am ON THE WRONG FUCKING HOUSE and dont identify them selves. You can if you could KILL every one of those fuckers and walk from it for self defense. You can resist and illegal entry or assault on your person with any force necessary to stop the incident up too and including deadly force. Its part of the Constitution as check on the power of the police in order to make sure they are on the up and up. But since the corruption of the cops is to protect their own, you will never get away with it even though the law says you should.


Now it still wont do anything about the "have a reasonable suspicion a crime is in progress" thing which is a reasonable thing in and of it self. But the abuse of this clause NEEDS to be challenged and those that abuse it should lose their badge and pension but we know that wont happen since its turned into a Them against us mentality in their mind set.

[z31maniac]

If you don't have a death wish, why would you resist when a dozen officers kick in your front door?

Not to mention, how do you "lawfully" resist in a way that won't get you killed?


I'm not saying I think this is a good thing, but in practice I'm not really sure how it's applicable.

[mrsleeve]

If you don't have a death wish, why would you resist when a dozen officers kick in your front door?

Not to mention, how do you "lawfully" resist in a way that won't get you killed?


I'm not saying I think this is a good thing, but in practice I'm not really sure how it's applicable.

Right thats the issue and part of the problem with the over militarization of our civil police forces. 90% of the swat teams in this country are not needed at fucking all.

Its the over whelming use of force in this manner that has taken all the power of the law abiding citizen away as a check against the growth of the police state. I dont have the answer..........

[mrsleeve]

Manic for you.

In 07 in MSP a swat raid on the wrong house (no knock in the wee hours of he morning again) got 2 of the team shot by an armed home owner. Home owner shot 3 rounds and got 2 hits the cops let 22 or so (IIRC) lose in the house with a family of 8 in it, and GOT NONE. Cops dropped the chargers against the home owner, and in a smart move took responsibility for their actions on bad intel form a drug dealing Informant

All the links I am finding to the story are dead I will keep looking for a good one.

Best I can do is an 8 page discussion here about this incident

http://www.defensivecarry.com/forum/law-enforcement-military-homeland-security-discussion/37742-bad-info-leads-cops-wrong-house-2-officers-shot-mn-merged.html

[Kershaw]

in reality, there is no way you can lawfully resist a police officer. cause if they want to throw you down on the ground and handcuff you, they will. and it'll be all ok for them to do so.

stand in the door way like mentioned in the link above? get pushed out of the doorway. push back? get stun gunnned.

its really scary how much power the police have.

[NKRoberts]

stand in the door way like mentioned in the link above? get pushed out of the doorway. push back? get stun gunnned.

Exactly what I was thinking, i cant see resisting in anyway that wont end up with you stun gunned or killed.

This is insane.

[mrsleeve]

^

Yup it is because they will just Lie or use some kind of technicality to get around your legal rights of resistance, as a law abiding citizen.

Very very scary in deed. What is even more disturbing is that the word of a drug dealer er...... Informant can finger your house outta the blue, cuz you cut him off in traffic, or told him to stop staring at your wife, or what ever and you will end up in this very situation

Little icing on this topic. The guys that are doing this shit, have no legal duty to protect you from crime either

[NKRoberts]

^

Yup it is because they will just Lie or use some kind of technicality to get around your legal rights of resistance, as a law abiding citizen.

Very very scary in deed. What is even more disturbing is that the word of a drug dealer er...... Informant can finger your house outta the blue, cuz you cut him off in traffic, or told him to stop staring at your wife, or what ever and you will end up in this very situation

Little icing on this topic. The guys that are doing this shit, have no legal duty to protect you from crime either

this tied with that article about the cops killing a guy over a misfire by one of the cops is crazy. So not only do they have the power to come in whenever you want but they might just mess it up and kill you over nothing

[mrsleeve]

^

from my other thread

http://www.cato.org/raidmap/

[z31maniac]

What I would like to see is a number that compares botched raids to successful ones, or what % of busts turn out to be on false information.

I would bet the number of what I'll call "catastrophic" raids is very low. In other words, where they bust into the wrong house, etc.


For the "over militarized" comment, would you prefer cops serve warrants at suspected drug dealers houses in T-shirts with Tec 9s?

I'm tired of all the absolutism that completely ignores how things need to function in the real world.

[mrsleeve]

What I would like to see is a number that compares botched raids to successful ones, or what % of busts turn out to be on false information.

I would bet the number of what I'll call "catastrophic" raids is very low. In other words, where they bust into the wrong house, etc.

see link in post above. I should NEVER HAPPEN let alone enough to make a fucking map of. Why are swat teams being employed in serving nearly all warrants anymore even document searches of non violent cases. Yeah to justify the expense of having them.

For the "over militarized" comment, would you prefer cops serve warrants at suspected drug dealers houses in T-shirts with Tec 9s?

I'm tired of all the absolutism that completely ignores how things need to function in the real world.

YES thats how warrants are supposed to be served remember innocent until proven guilty thing ???

a swat raid and no knocks do have a place. Its to over use and piss poor training coupled with and above the law mentality is what leads to this shit. Not to mention the reliability of Intel. A swat raid needs to be checked, double checked, triple checked , and checked again. then when they get to the objective look at the fucking mail box and check it a few more times.

Cops are here to solve crimes and keep the peace not performing para military raids and urban combat against those that are supposed to be Sheparding with out every thing being on the 1000000000% up and up.