Court: No right to resist illegal cop entry into home (IN)

[Ichiban]

Folks, I hate to say this but I believe the whole "law and order" thing has gone too far.

I don't think it is about "law and order."  It is about control and governmental power.  It also bothers me to see the militarization of the police forces under the guise of officer safety.  While some of the tactical response operations do have their place, they are now becoming the norm and not the exception.  The police no longer send a couple of cops to see what's going on, it is more like a full scale invasion of a small country.

But then, I also believe that the primary purpose of the TSA BS is to instill an obedience to authority in the general population.

I bet the cops in New Orleans are going to love this ruling.

[fullautovalmet76]

I don't think it is about "law and order."  It is about control and governmental power.  It also bothers me to see the militarization of the police forces under the guise of officer safety.  While some of the tactical response operations do have their place, they are now becoming the norm and not the exception.  The police no longer send a couple of cops to see what's going on, it is more like a full scale invasion of a small country.

But then, I also believe that the primary purpose of the TSA BS is to instill an obedience to authority in the general population.

I bet the cops in New Orleans are going to love this ruling.

No argument from me on what you wrote.... +1

[PegLeg45]

I don't think it is about "law and order."  It is about control and governmental power.  It also bothers me to see the militarization of the police forces under the guise of officer safety.  While some of the tactical response operations do have their place, they are now becoming the norm and not the exception.  The police no longer send a couple of cops to see what's going on, it is more like a full scale invasion of a small country.

But then, I also believe that the primary purpose of the TSA BS is to instill an obedience to authority in the general population.

I bet the cops in New Orleans are going to love this ruling.

Yep.

[TAB]

There are only 2 ways I can see this ruling happening.

1 it was for a very, very narrow aspect.  info that is not contained in the artical.


2.  3 of the 5 judges never actually practiced law, but were elected/appointed under false pretences.  ( fyi, you don't need to pass the bar to be a judge.)

[kmitch200]

There are only 2 ways I can see this ruling happening.

1 it was for a very, very narrow aspect.  info that is not contained in the artical.
2.  3 of the 5 judges never actually practiced law, but were elected/appointed under false pretences.  ( fyi, you don't need to pass the bar to be a judge.)

I'll vote #2.

"In sum, we hold that Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law."

That is taken from the published majority opinion, not the article.

At least the minority opinion judges have a clue:
But the common law rule supporting a citizen‘s right to resist unlawful entry into her home rests on a very different ground, namely, the Fourth Amendment to the United States Constitution. Indeed, ―the physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed. (Payton v. New York, 445 U.S. 573, 585 (1980).

[Sponsor]

[Big Frank]

A legal right is no longer recognized under Indiana law. WTH? 

[tombogan03884]

So that means that Cops can get away with rape ? That's forced illegal entry.
I will be arrested by a cop coming in my place with out a warrant or invitation, But it won't be the first one in line, He'll be getting a fancy funeral.

[seeker_two]

This decision is going to get a lot of good people (including LEO's) killed.... 

I read this yesterday and thought the same as most here- very scary. I think this should go to SCOTUS, but I have to confess I don't like the chances of a reversal. There is some safety in leaving it at the state level and not allowing it to go further up the chain where if it is sustained the impact is enormous and potentially disastrous.

Folks, I hate to say this but I believe the whole "law and order" thing has gone too far.

 

True on all accounts....

[langloisandy]

No surprise to the ruling. Judges need to sign off on warrants for search/arrests so protecting the police will protect themselves....

The culpability lies with judges who will sign things that might be at the edge of legality.

Andy

[Conagher 45]

As a LEO I would NOT enter a residense of another person with out a warrant or very damn good probable cause. I am not too familar with this case from Vanderburgh County but I would not want a case to be lost by not have the proper paper work to back me up. Was the other party yelling for help? Was there visable signs of a struggle or fight? Still I do not like this out come from the courts, leaves too much of a gray area in the case law.