Sunday, May 15, 2011

COURTS CONFUSED OR JUST PLAIN UNAMERICAN?

Submitted by: Phil Bulfinch and Nancy Battle

COURTS RULE AND AMERICANS LOSE MORE CONSTITUTIONAL RIGHTS

http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-5
25f-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.

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