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May 2011
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Another state off the list

Indiana

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. […]

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge’s permission to enter without knocking.

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19 comments to Another state off the list

  • Ben

    Jesus God, what country is this?

  • darkcycle

    Why not just eliminate those pesky search warrants altogether? At this point, at least in Indiana, they’re just a formality.
    Lovely place to live, where armend thugs can enter your home for any reason or no reason at all, and you can’t even resist them.

  • ezrydn

    I only gots two tings to say.
    1. We must really have them scared!..and
    2. Mexico don’t sound so bad now, huh? 😉

    • darkcycle

      “They talk about freedom, they talk and talk ’bout it. But when they see a real free man, it scares ’em”
      “Scares them?
      “Oh, it don’t make ’em runnin’ scared, it makes ’em dangerous.”
      Jack Nicholson to Peter Fonda. Easy Rider.

  • vickyvampire

    WTF?? did I miss something how many beside Indiana states are doing this on a regular basis or trying to get away with on a reg basis.

  • Ben

    Could you honestly believe that these Judges care about our civil rights whatsoever? Have these judges never once in their lives studied or even glanced over the freaking Constitution!? Indiana seems intent on destroying any liberties we’ve ever had in this supposedly “Free” country. I’m stunned that these judges are allowing such unbelievable abuse of power. What happened to “I can’t let you in without a warrant!” my god…

  • warren

    Hay Indianians bend over and forget the lube.Ain`t amerika great.

    • Duncan20903

      .
      .
      This seems to be the theme of the month.

      I’m buying another 100 shares of Johnson & Johnson. Lube sales are going to go through the roof.

      Oh look how clever those prohibitionists are will you? Yesterday Maryland “improved” their so called medicinal merrywanna law by removing the $100 fine and the affirmative defense for people with more than an ounce. You know, I think the prohibitionists have finally gotten the hang of this medical merrywanna thing.

      Make it 200 shares of JNJ.

  • Duncan20903

    .
    .
    So I guess this suspends the 3rd Amendment in Indiana. If the cops decide they want to watch your neighbor for whatever they just come on in and make themselves at home. Is there a problem if they decide my wife looks like a sex toy? Heck I guess this is the 21st century, they may think that of me.

  • vickyvampire

    Oh yeah and since we are speaking of freedom yeah duh what Freedom it’s such a cheap word these days here is a funny story from Boston remember on another post some here had experienced and enjoyed and gained some usefulness from psychedelics well now some cakes at a bakery containng Melatonin valerian root,Rose hips and Passion Flower herbs were accused of being marketed at kids and need to be banned what? maybe adults like cake too I know I love cake. they say the packaging was psychedelic and the cakes could be harmful to kids yeah they would go on total LSD TRIP WITH ONE bite for God sake I guess no one can alter anything with a few herbs that relax a little with out being accused of harming the children, Yeah what were they thinking they must be the spawn of the devil wheres Buffy to slay these evil folks who dared bake a cake or brownies that might relax a little but the gross usual OVERREACTION FROM AUTHORITIES TAKES away freedom to sell a variety of products and the entrepreneurial spirit that makes this country great but is FUCKING blocked at every turn lately. Maybe I’ll bake a cake that looks like a sex toy ha ha.yes I know some shops do sell those already.

    http://boston.cbslocal.com/2011/05/13/fall-river-new-bedford-try-to-ban-lazy-cakes/

  • Servetus

    Paul Armentano has a piece at Alternet on the five worst states to get busted for marijuana. The states are Oklahoma, Texas, Florida, Louisiana, and Arizona.

    http://www.alternet.org/drugs/150935/the_5_worst_states_for_getting_busted_with_marijuana?page=entire

  • Paul

    The founders are rolling in their graves, about now. It was probably New Hampshire that passed a law (a couple hundred years ago) saying it was illegal NOT to resist police coming into your home without a warrant, because not to resist was “cowardly and servile.”

    Come a ways, haven’t we?

  • Jimmy Cracks Capricorns

    Holy fuckityfuckfuck???!!!!

  • antifascist

    If the American people had not already been totally brainwashed and dumbed-down by the ruling-class fascists, they would march on the Indiana courts that passed this asinine, anti-American bullshit and hang the fascists who passed it.

  • DdC

    You mean Indiana the home of Marc Souder? The Big Ag poison poster boys turf? What a surprise indeed. Many or all states hold their nose over the second amendment. What is the point of defending your home if swat can no knock bust doors down and shoot your puppy and you if you even think of exercising your right to bare arms. That must only be if commies are breaking in or hippies blowing Ganja smoke through the screen door or those pesky minorities… I mean really, they named their state after a group of peaceful humans they slaughtered. This is a big red flag and no ones waving it. Not a wonder why these people do the atrocious things they do. No opposition. What little there is, is condemned by the same propagandists as “liberal”, whatever that means in this day and age. Time for a joint. Quasi legal as it may be it still taste like contraband to me.

  • Servetus

    “…if officers decide circumstances justify it.” lol….

    By assuming the role of a radical activist court, the Indiana Supreme Court appears to be inciting a revolution. If not, they may want to refer to the origins of the American revolution leading to the Bill of Right’s Third Amendment, where they might discover their decision violates every provision of home invasion law rendered since the 12th century. A few examples:

    ***

    “English law has traditionally held the rights of homeowners in high regard. The early Anglo-Saxon legal system placed concern for the household before nearly all else. It took the point of view that “[al ‘breach of the peace’ in itself means nothing, for there is no general peace of the community, but only the thousands of islands of peace which surround the roof-tree of every householder, noble and simple . . . .”—John E. A. Jolliffe, The Constitutional History of Medieval England(1961)

    ***

    “The frith, or peace, over each home was protected by penalties for its breach. Trespassers paid for having invaded the household enclosure, and those who committed offenses against persons within a home’s mund (protection) faced fines in excess of those otherwise levied.”—Harold J. Berman, Law and Revolution: The Formation of Western Legal Tradition (1983). [p. 118-9]

    ***

    If no appeal is made of the Indiana decision to a higher court, Indianans can expect higher mortality rates involving police encounters with the public. They can expect crooks masquerading as cops who will use the easy entry rules to invade their homes and rob them at gunpoint. Police department personnel and state legislators can expect a critical erosion of public confidence as the innocent are implicated in a web of deceit and violence perpetrated by rogue cops. The list goes on.

    Good luck, Indiana. The hoosiers shall truly need much luck before it’s over.

  • Paul

    Servetus,

    I disagree. Mostly, people will just lay down and accept it. Not just mostly, but overwhelmingly people will do as they are told. Solzenitzen wrote that much of the city of St. Petersburg was being deported to Siberia by the police, even as the Nazi army approached. Almost nobody resisted, even though they were armed from previous wars, and they knew that to be taken by the police meant certain death by starvation in a prison camp in Siberia.

    Unless actively engaged in armed revolution, people will pretty much accept anything from their government, even their own deaths. This is why we have a police state, with 2.4 million prisoners and a huge, pervasive police force that clearly understands they are firmly in control and can do almost anything they like to anyone they like anytime they like.

    Your words are brave, but I just don’t think people are going to stand up to them like that. Seriously resisting the police means your death, or lifetime imprisonment in the worst prisons they can find for you–and they have some awful ones. I wish it were otherwise, but nothing short of armed, bloody revolution, as Jefferson would say, is going to change matters, and I see no such thing in our near future.

  • TOBY

    There is no question that passing and enforcing unconstitutional laws does harm to the Constitution, to the States, and to the people of the United States. I would contend that it is better to defeat 100 Constitutional laws than to pass one unconstitutional law. First, do no harm. … DO YOU THING PULLIN A GUN OUT WALKIN IN AND FIND THERE IS NO GUY IN THERE. THAY LOOKIN FOR,. IS HARM..(( IT CALLED PTSD )))AND IF THERE KIDS IN THERE THAY WILL NOT KNOW THE LAW. THAT ONLY SEE WHAT IS GOIN ON.. THAY GET PSTD ..FOR EVER… WITH NO HOPE OF A GOOD LIFE!

  • TOBY

    There is no question that passing and enforcing unconstitutional laws does harm to the Constitution, to the States, and to the people of the United States. I would contend that it is better to defeat 100 Constitutional laws than to pass one unconstitutional law. First, do no harm. … DO YOU THINK PULLIN A GUN OUT WALKIN IN AND FIND THERE IS NO GUY. THAY LOOKIN FOR,. IT IS HARM..(( IT CALLED PTSD )))AND IF THERE KIDS IN THERE THAY WILL NOT KNOW THE LAW. THAT ONLY SEE WHAT IS GOIN ON.. THAY GET PSTD ..FOR EVER… WITH NO HOPE OF A GOOD LIFE!… THE CRIME GOT STOP.. BUT THIS NOT THE WAY….. NOT WHEN IT COMES TO THE POEPLE WHO STAND AND FIGHT FOR THE ..THE US CONSTITUTIONAL.. …THE LAWS BEING PASSED ..IS A FINE LINE OF BEING MARSHAL LAW….. THIS SAD TO HAVE TO , MAKE IT A SAFE USA. FROM OUT-SIDER AND CRIME .. in the usa! PUT GOD BACK IN THE USA.. IN OUR SCHOOL’S AND HOMES. TEACH TOLERANCE…TOO, WE CAN SAVE AND STOP THIS IN IT TRACK’S…. WITH NO FIGHTING. POEPLE YOU WANT IT SAFE AND LAW MAKER YOU DO TOO. WORK TOGETHER.. AS ((ONE NATION UNDER GOD)))………..