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

[tombogan03884]

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.

Problem is that you are one of the "Good guys". You have a clear understanding of your purpose, and the rules by which it's to be accomplished.
Unfortunately there are the others, the ones who think the badge puts them above and beyond the rules, like in New Orleans.  

There are not enough like you, and to many of the other.

[Solus]

Thought about this a bit and it ends up coming down to who is responsible to protect you?  Yourself or the government?

I think this law is intended to offer protection to victims who do not take the steps needed to protect themselves.

While it might have good intentions, it doses exactly what is not needed:  Making it easy to surrender control of your defense to others.

Would be more useful if, instead, they had the woman file a protection order and as part of that program they supplied her with several  hours of training with a shotgun, an 870, a box of shells and a body bag.

[tt11758]

In this particular incident, the entire episode/entry could have easily been avoided had the resident complied with the officer's initial request to speak to the female party.

The resident was a dumbass who had a shocking experience.  The officers were, sadly, doing their jobs.  The judges, by setting such a precedent, were operating HUA.

My opinions, your mileage may vary.

[Ichiban]

So, here's another scary tactic for getting into your home.

Delayed-notice search warrants, or "sneak-and-peek" warrants, allow federal agents to enter your home without telling you they’ve been there until months later.

http://www.koat.com/news/27922147/detail.html

Another tool in the war on terror. 

Think there is any possibility for abuse here? Now if Eric Holder would just go ahead and declare the NRA a terrorist organization......

[Hazcat]

Do we actually still have ANY rights? 

[Sponsor]

[Ichiban]

Do we actually still have ANY rights? 

Only if you are an "undocumented worker."

[ratcatcher55]

I guess they can pick any door they want to enter as well;

http://www.suite101.com/content/supreme-court-chips-away-at-the-fourth-amendment-in-ky-case-a371395

The sad thing was they were not pursuing the guy they arrested. They picked the wrong door.

[Hazcat]

I guess they can pick any door they want to enter as well;

http://www.suite101.com/content/supreme-court-chips-away-at-the-fourth-amendment-in-ky-case-a371395

The sad thing was they were not pursuing the guy they arrested. They picked the wrong door.

Well, as far as I can tell the 4th amendment no longer exists!  

DAMN IT ALL!

[Ichiban]

I kind of have buy into "exigent circumstance" for kicking in a door, if it is believed that an act of violence is being committed.  Once in the house anything in plain sight is fair game.  For a drug bust?  No.  Then searching without a warrant?  No.

[Pathfinder]

Well, as far as I can tell the 4th amendment no longer exists!  

DAMN IT ALL!

Well, it's not like it hasn't been on life support for a while. The 5A is shot with the Kelo decision, PC pretty much killed the 1A, and the 2A is bunkered down and being assailed on all sides. The good news? We don't have to quarter troops in our home (yet).