Court: No Right to Resist Illegal Cop Entry into Home

Written on by V2A, Filed under
Constitution
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[Editor's note: No individual or property rights for the citizen when a government worker is involved. We've seen the effects of the TSA and the slippery slope continues to strip us of all rights]

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.

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  • Gordon

    Do most people in Indiana even know about this? They need to be told. What are they even doing about it?

    This is a move by the powers-that-be to bring about the New World Order. If police have ultimate power, they cannot be legally stopped. It will take the actual uprising of an armed populace to prevent this garbage from spreading. Get your $hit together people! There's something in the air.

    • MSGT JOHN CORREA

      Gordon, you are absolutely correct! You will find "activist judges" across the country who are totally in definance not only against State Legislative Laws, but they are also desecrating the Constitution of the United States of America itself; particularly the 4th Amendment. If I'm not mistaken; State Governors are also Commanders in Chief of their own states with the power to remove activist judges who fail to uphold State Laws? Obviously, the Indiana Judge created his own law directly from the bench and ignored Indiana's Legislative State Law, not to mention our U.S. Constitution.

      And you are also correct with regards to a New World Order, for which, the Marxist, Mrs. Hillary Rodham Clinton and her co-conspiritor, the foreign-born Muslim Communist illegal U.S. President Barack Hussein Obama II are both pushing for a Global Gun Law on behalf of the United Nations; a corrupted country club, for which, I had asked several times of former U.S. President Goerge W. Bush to get us out of.

      For the benefit of those Representives in the Congress and the Senate who are basically ignorant of the U.S. Constitution and it Amendments; allow me to explain and make clear the people's right to the 2nd Amendment of the U.S. Constitution…. "A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed." Our Founding Fathers weren't stupid when they implemented this right for the people. Whom do you think 'forms a well-regulated militia?' It is the people whom are already well armed in the event our own government turns toward tyranny against its own people. Our Founding Fathers were well experienced about England's tyranny, and thereby, saw to it that the American people were "permanently kept well armed."

      At this very moment Mrs. Hillary Rodham Clinton and her co-conspiritors are attempting to surrender our nation's sovereignty over to the United Nations by signing a Treaty that would confiscate our guns. I don't want to bore you with all the details, but it is happening as part of the New World Order with the United Nations being the world rulers. It's been a dream of William Jefferson Clinton and his wife ever since he became the U.S. President.

      Our current problems with the foreign-born Muslim Communist illegal U.S. President Barack Hussein Obama II can easily be resolved if only we apply the law of the land, which is, the U.S. Constitution. I wrote to the new Speaker of the House John Boehner who turned out to be a wimp; to generate the proceedings for an immediate Impeachment and Deportation of the foreign-born Barack Hussein Obama II. In doing so, we can legally and constitutionally declare all of Obama's legislations, confiscations, dictatorial executive orders, nominations, and all appointments, as NULL and VOID! Be certain that Barack Hussein Obama II is a none citizen of the United States or its territories. Barack Hussein Obama II's Certification of Live Birth and Certificate of Live Birth are both forgeries.

      If we are successful with the Impeachment and Deportation, we are free to call for an immediate election for a new U.S. President and Vice President, after which, we can proceed to Impeach other Congress and Senate members for high Treason. American patriots, please understand that I cannot save our nation all by myself; shout your demands for the immediate Impeachment and Deportation of the foreign-born Barack Hussein Obama II right now!

      May Almighty God bless and protect our American heritage and our Judeo-Christian principles.

      MSGT JOHN CORREA

      USAF (RET)

      • PrincessPhilly

        What is so sad is the majority of Americans are brain washed into thinking Obama is their King and they will do anything he wants. Americans won't stand up for their country, they are willing to give it away. I feel for all the past and present people that gave their lives for freedom and fought in wars for this country – all for Americans to have no balls and just give it all away.

      • Andre Beauchamp

        I'm with you on this, all the way.

        I live in the south and can tell you that a majority of the people I talk to are for America and it's constitution. We need to take back this country and restore the laws of the land and prosecute all those currently in power to the fullest extent for high treason. They seem to get away with serious crimes yet if the average person so much as steels a stick of gum, they are prosecuted.

        I'm afraid a real revolution is on it's way.

        I can tell you that many people will not give up their arsenals very easily! Some and I hope many, will fight to the death. Remember, "Give me liberty, or Give me death".

        I for one would rather fight because you may as well be dead if your a slave to any government.

        • http://moses.vemma.com Richard Moses

          What do you wish to bet, that if it comes down to making this country great again; we have another Revolution? I do not advocate taking on the current Federal Govt by force of arms, but I would be willing to lend support to those who can and will do something legal about ending this eroding, and usurping of OUR Basic Rights and FREEDOMS. For my part, I almost expect the PEOPLE of this GREAT Country to Rise up in Arms, and throw out those who would enslave us, turning the United States of America, into a MUSLIM owned country, and part of a new world order. RISE UP AMERICA AND THROW OFF THE CHAINS WHICH LEAD TO SLAVERY!!!!!

      • Don

        You are completely correct. If you have not read the book "The Creature from Jekyll Island" you need to because that will help you to understand what is really going on. Every concern America needs to arm themself and buy plenty of ammunition because the worst is coming to this country and I do not believe there is anyway to stop it. I thought the last election might do it, but the ignorant american populace kept the U. S. Senate in the power of the democrats though that makes little difference. The New World Order is coming down on us and unless we start rising up to take on the Socialist Unions, the Communist Judges and Progressive politicians we will be ultimately destroyed as a Freedom loving nation. When Obama signs into law by executive order the legalization of millions of illegal aliens, who do not love this country but where they are from, that will be the time for every one who loves freedom, the United States Constitution and it's Bill of Rights to start forcing the issue.

      • GeoB.

        YES!! Let's hope it happens before it'

        s too late!!

      • Baettye

        This is another case of distraction!!! They are not
        trying to hide the fact that they want to confiscate
        all of the guns, but they are hiding the fact that there
        is practically no ammunition available for guns. So
        you have a gun – wonderful. Just go out and try to
        buy ammo for it. My brother-in-law, bless his soul,
        is currently loading his shells because he cannot find
        much at a fair price. He says the casings and powder
        are also getting hard to find. So while they have kept
        us outraged with their gun laws, they have done an
        end run and taken away our ammo. Thank you,
        Cass Sunstein – nudge, nudge, nudge.

      • John

        MSGT John Correa,

        Also a Patriot I want to thank you for the direct and true statements made in your comments. It gives me faith & hope to know True Americans such as yourself are willing to openly identify the Marxist Agenda of obama, hillary, and others and take a stand against them. I pray Americans have finally woken to their loss of freedoms and are mad enough to take the action necessary to eliminate the problem. Your comments on the 2nd Amendment & Founding Fathers reason for same are right on target. I hope action against tyranny provided all Americans in the 2nd Amendment will not be necessary but I believe millions of Americans have become aware of the danger from washington & have begun to prepare, as evidenced by the record number of firearms & ammunition sold in America over the last 3 + years. As a Texan I feel sure the majority of Texans are fed up with the federal government and willing to do what is necessary to protect the freedoms provided all Americans by the Constitution & Bill of Rights.

        God Bless you & God Bless America

      • charlie kennedy

        Sarge: I agree with you on all points. Someday, after the "big eared one" is out of office and people finally see the light and the US is downgraded to the 3rd. world status by his Presidency, they will wish to God that they had removed him from office!!!

        • gracemarie

          Let us hope that people wake up in time to vote Hussein Obama out of office in November 2012 and all the like-minded liberal Democrats. Unfortunately for me, I live in NYS where the majority are liberals although many of our friends are conservative. I guess the question would be "How's that hope and change working for you?" It is certainly not working for me. When George Bush left office, wasn't unemployment less than 8%? Now, it is over 10%. Gas prices are outrageous, but of course we shouldn't drill in our own country, even though we have all kinds of oil. VOTE OBAMA OUT OF OFFICE!

    • http://indoffindy.com Kathy June

      At this point, I think that only thing that will reverse what these politicians have allowed to happen to this country would be a revolt that removes most of these obvisouly brain washed people into a complete change.

      Everyone seems to be speaking out about all this complete madness, but nothing is being done about it. Words will mean nothing unless the citizens take actions to make it happen or esle.

      • Don

        Your are right. We need to start organizing and planning.

    • Charles Brandon

      The something in the air is the takeover of the US by the United Nations and they'll first have to confiscate your guns. Hilary Clinton has signed on to Illegal act and so has Obama. If you don't have a gun of 9 mm or larger caliber BUY ONE TODAY. Before it's too late. Or soon you'll be praying to A muslim deity.

    • Roger A. Walker

      Gordon,

      I wish to God you were wrong.

      We The People have been taxed to poverty and dependence, our unborn are in so much debt, their future labors are not their own, but are Foreign Nations that owns their debt–and Ass-Wipe Judges that are not authorized to generate law–doing so–and it is We The People that suffer.

      Why is it that We The Peopel act as if opinions made by Judges, carry the force of law? Is it because We The People are fearful and/or stupid?

      We do not own our bodies, under Obamacare, and it appears that a Man's home is not his castle–according to liberal lawyers in Black Robes.

      If our rights pre-dates Human Govenment, and cannot be recinded, taxed away or sold back to us as privlidges, that can be taken away, what are we doing with Our Declaritaion of Independence, as it appears that it is not worth the paper it is printed on!

      One day, and I hope I do not live to see it, a Rebellion will ensue, that will make the Civil War seem like a paper-wad fight in a fifth grade class room.

      I hope We The People can vote back what we are losing, and will not be provoked, like the Revolutionary War Gerneration, to take our country back by force.

      King George, a Tyrant 3,000 miles away, has noting on our home-grown Tyrants, living 1 mile away.

      Roger

      Diabled Vet.

    • http://firefox upsidedown

      Officer, do you have a Warrant? NO? The next sound should be BANG! The time is Coming! Stand for Peace, or stand up for your PEACE!

    • Chief

      If I am on the jury that tries a person from stoping illegal entry by a policeman or any one else. Hell will freeze over before I vote to convict.In my opinion no one has the right to enter your home without an invite or a warrant.Legal or not DON'T try it at my home.

  • Darrell Lynch

    I do not live in that stupid state, I live in Arkansas, but am originally from Illinois. I tell you, if a police person attempted to unlawfully enter my home, I and my good wife are thoroughly trained in firearms defense, and it's hoped the fool would be single, as a family will be missing a member. We will never allow this kind of flagrant behavior from anyone, no matter who they are. We shoot to kill—–the first time.

    • Anthony Polley

      I completely agree. I used to live in Indiana and they like most states will change the law to suit them. Just because someone says that then need to enter my house does not mean that they have a right and that I have to just let them do as they will. The badge they wear does not put them above the law, but should force them to maintain higher standards. Someone forcing their way into my house only means to me that they are intent on causing harm or stealing. Protect and Defend—Shoot to kill.

  • Dave

    If we don't take our country back by force, we won't have one worth living in in a couple of years.

    • http://firefox upsidedown

      We need to REMOVE ALL OF THEN JUDGES THAT HAVE OR THINK THEY NEED TO DO THIS! RE-MOVE from THEM, their Freedom's for ever, and ever! Start Hunting them down and hold them accountable! With there "lives". For that is what there doing to our's!

  • http://charter susan

    If the American people don't start standing up for there God given rights then we are not going to have a country left . this is just the way our president wants this country to go.

  • Eddie

    Know your czars. Think Cass Sunstein. First you nudge, if that doesn't work, then a push etc., etc.. Also, think: top down, bottom up, and inside out. They need the people to rise up to implement their plan. Gun confiscation, their excuse will be it is for the common good. Government will create a problem, so the government can come up with the solution to the problem. Think: There ought to be a law! Think outside the box, not inside the box like they are counting on. What I am conveying is that you have to outsmart them and not play into their hands. Smarter tactics will always prevail.

  • hoffhack

    WELL, HE BETTER WEAR A VEST THAT CAN STOP 12 ROUNDS OF "OO" BUCK!!!!!! PEOPLE FORGET THAT THE SECOND AMMENDMENT ALSO CONVEYS "POLICE" POWER TO ITS MEMEBERS….."A WELL REGULATED MILITIA, BEING NECESSARY TO THE SECURITY OF A FREE STATE………THIS JERK HAS TO BE A LIBERAL APPOINTEE!!!! HE IS SAYING THAT JUST BECAUSE THE GUY IS A "COP" HE CAN CONDUCT A "WARRANTLESS SEARCH????????" NOT IN MY HOUSE HE CAN'T, THAT WAS ONE OF THE BIGGIES THAT WE FOUGHT THE REVOLUTION OVER!!!! I DOUBT IT WILL STAND UP TO CONSTITUTIONAL MUSTER, IF THE COURT DECIDES TO HEAR IT, WHICH IS SHOULD, IMMEDIDATELY!!!!!!!!!!!!!!

    • Charles Brandon

      You're partially right. The first two rounds in my shotgun are slugs. They do a good job of it. Then comes the 00 buck shot.

      • http://firefox upsidedown

        Shot gun's will not do it! Body Armor. Think about that! Even a little 22LR will do what is needed if placed right! Right between the eye's! Behind the ear, under the arm pointing in toward the Heart. No Body Armor! Even an old fashioned ICE PICK will defeat Body Armor!

  • whatyoucare

    What's to say the cop's badge is real or the cop is real? Criminals will try to exploit this to their advantage resulting in either the death of a real cop and the arrest of the homeowner for daring to protect his family from an intruder or a new hero who kills a fake cop, protects his family and highlights one of the most dangerous laws every created.

  • Nimrod

    I wonder what the Judge would say if the cops or federal gestapo should come to his home, break down the door, ransack his home and threaten him and his family with bodily harm and arrest if he should offer any resistance.

    Maybe, the local residents should pursue the possibility of bringing charges against the judge and have his home and family invaded. I think he may have a different opinon if that should happen to him or any of his family.

    He is obviously incompetent or a fool, more likely he is probably both.

    • Linda

      People, I was told by a former police officer that when they go out on the streets at the beginning of their carrer they're are three people to not pxxx off — the mayor (he's responsible for their paycheck), the nurse in the emergency department (their life may depend on her), and the judge. Basically he gets a free pass. That's the one house they won't try to enter without a warrant.

    • Roger A. Walker

      Nimrod,

      The Judge or Judges are not fools, or incompetent.

      If you would connect the dots, there is a pattern.

      Little buy littel, inch by inch. It used to be called divide and conquer, now it is just called Legeslation From The Bench.

      Make the connections, if you dare.

      That should boil your blood, not just anger you.

      Roger

      Disabled Vet.

  • Jim

    Our federal government is very cunning in how they introduce laws through the back door in order to raise such illegal matters brought about by local courts that will eventually find their way up the ladder to the federal level for irrevocable approval, where again your voice will not be heard, the same way its not being heard now.

    It is hard to tell the difference from the Nazi soft kill of freedoms apart from the American soft freedom kill of our basic established freedoms and rights as set forth by the Bill of Rights and the Constitution which were once thought to be impervious against such actions by our local elected officials. When your back is against the wall, the wall won't help you so better get ready to resist if you are mentally and physical able to.

  • Me

    This court is allowed to do this because of the PATRIOT ACT which is about to expire. However some establishment republicans want to extend it another 6 years. Folks we have to stop this or it's goodbye America as we know it!!

    • Gary Garrett

      The Patriot Act DOES NOT supersede the Constitution!

      • GeoB.

        It does, if and when it suits the liberal-socialist agenda.

  • Who ever

    These judges are not law makers ,so how can they just say this is the way it is..What would that judge do if some one broke into his house?..You have to be willing to lose your life when things come down to this level when you have no rights to protect yourself,whether it is a cop or not..

  • http://Yahoo Moose

    I guess the Fourth Amendment doesn't mean anything to the Courts. The Federal Court system is trying to destroy the Constitution and I guess its the Fourth Amendments turn. It's time to recall and impeach some of these activists.

  • Mo Better

    Hopefully the judge will be very careful with his health so as to avoid sudden onset terminal lead poisoning….

  • Hank, MO

    Our government has strongly condemned the governments of Libya and Syria for using deadly force on their own people. I'm wondering if they would stand by this stance if the citizens of this country were to likewise demand that their government leadership be changed now instead of at some election in the distant future. I believe that, despite what the rigged polls say, the people of the United States want this administration removed from power now as much as the people of Tunisia, Libya, Egypt, and Syria want their governments changed. Would this administration fire on its own people rather than surrender power? I wonder about that.

    • AZ Don

      Short answer, yes. There is no doubt in my mind they would.

  • James USMC

    To all police officers and military personnel. Remember these are your friends and neighbors and in some cases your kin. All of you took an oath to the United States Constitution and/or your State or Commonwealth Constitution, not to politicians. Your oath and honor belongs to the people you serve, not the politicians. The politicians are all of our employees. Politicians work for us, WORK FOR US, not the other way around. Stating, "well its the law" does not make it right or legal when it goes against the Constitution or our God given rights.

    • GeoB.

      James, you're right, but I've observed for years now, we no longer elect representatives but rulers.

  • AZ Don

    That ruling will never stand up. I can’t speak for Indiana but here in Arizona that will never happen.

    • http://Deaf-V-News.com Gary

      We can always pray this and any other ruling down!! The Lord is capable of changing laws, whereas men only make the wrong decisions.

  • http://www.affiliatesbonanza.com Jefferson Ogden

    This is just another case of "stupid" judicial activism. This will be appealed to the federal courts and it will be overturn. It is a blatant violation of the constitution.

    • http://Deaf-V-News.com Gary

      We've had a rash of idiots, who demand to rule from the bench. This includes those, who decided "Under God," was prejudicial and those, who have tried to allow any other false idol, but not the Lord God of Abraham, Isaac and Jacob.

  • http://www.kjv-truth-ministries.org Preacher Cruz

    I actually live in Central Indiana! I already have a blog post up at my site and am trying to get people interested and motivated. These justices come up for a retention vote every ten years! We need to vote the three traitors out!

    • http://Deaf-V-News.com Gary

      Not only these traitors but the ones, in Washington (beginning with Obama and going right down the line to every socialist, up there), as well!

  • http://Deaf-V-News.com Gary

    It's a sad day, when a socialist can be elected president on the strength of a lie and even a sadder day, when Socialism becomes the law of the land.

    Unfortunately, that is what is happening, here!

  • Infidel

    It all sounds good until it happens to you!

  • Mighty Mike

    Please people!. The cops are still accountable if they enter wrongfully, especially if maliciously. This decision doesn't approve of unlawful entry by cops. But even if just in legitimate error, if you shoot them because you THINK it's unlawful, there is no solace for his surviving family just cause you go to jail. The Bill of Rights doesn't prevent wrongdoing, it only provides accountability. It's still there just as strong. The court said the citizen CAN'T be allowed to determine if it's unlawful or they will ALL deternine that way and try to legally excuse it with that claim. Don't you think Meth Labs would claim teh same defense? I can't believe all these well intended blind people getting upset over this. You really don't understand. Sad.

    • http://firefox upsidedown

      Mike,

      If and I say if because i don't think that you are doing anything that the (Police) would be coming into your Home with out a REASON. So you would GIVE UP YOUR RIGHT to your HOME, for What? So that some "cop" thinking he MIGHT find something to place you in Jail for? Would you give up YOUR right of being free, for their "RIGHT"? to do a UN LAWFUL SEARCH? This Judge is not your Father is he? our WRONG on this! Way Wrong!

    • Self-Defense Junkie

      Actually, it is curious that most states DO allow the citizens to determine, by themselves, if a home invasion is legal or not. And your example of a meth lab is beyond nonsense. We are not dealing with a drug raid under warrant or entry with probable cause (which is extremely limited). In short, if an officer does not have a warrant or something that can be reasonable construed as an invitation to enter (such as holding the door open for them to come in rather than standing in the doorway, or better, going outside to them and closing/locking the door), then the entry is illegal no matter what they find. Anyway, this smacks of attempting to strike down parts of the 4th amendment.

      Either way, an officer breaking through my door or forcing entry better be shouting out both 'Police' and 'We have a warrant' if they expect me not to defend myself. Beyond that, they'd better be ready to present the warrant and a good reason for not just knocking on the door, first.

      • Old Sarge

        We have a reason and a good teacher. The President has ignored the Constitution when it suits him so the police are just following his example.

    • Chief

      Mighty Mike me thinks it's you that doesn't understand.I will not just lay down and be used as a floor mat not in my own home.Come through my door without an invite or a legal warrant then you had better be prepaired to meet your maker.The funeral home is one block away and they need the business.You sound like one of those bleading hearts who think every one should be able to do as they please whether it's right or wrong.

  • Constitutional Patri

    Should (Pretty Intelligent Guys) bust in MY door, I'm a very light sleeper and sleep with my very LARGE MAGNUM on the night table by my bed,the first five INTRUDERS thru would be missing their heads at the end of their shift. Their shouting police we have a warrant as they bust in my door at the very same time wont mean a dang thing. Why judge, I never heard anyone say police, search warrant, all I heard was commotion on my front door and then the door blew off it's hinges, so I shot to KILL just as they taught us in the Army. For all I know they could have been home invasion robbers that smash and grab. Perhaps next time they will get the RIGHT HOUSE and the REAL criminals.

  • Stan Jordan

    No court, not even SCOTUS may issue a ruling that blatantly violates the Constitution of the United States. Any such ruling is on its face null and void and has no effect in law whatsoever.

    The courts would do well to reverse such a ruling immediately.

  • Ron

    This is not good. How about the proactive policeman that arrests someone just in case that person MIGHT commit a crime. Stopping crime before it happens.

  • Arturo Leonardo

    i have posted in LARGE PRINT ,on my front and back doors the Fourth Amendment to the Constitution and the Miranda Decision for all to see so they have no question as to my beliefs ! I also always have a weapon on me, locked and loaded, 45 ACP twelve rounds and will protect myself, family and my property ! I have a shotgun close by also and body armor ! I believe only in the Constitution of these United States ! No othe3r law am I beholden to. i am a former Law Enforcement Officer and know my Rights and The Rule of Law !

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