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Indiana Supreme Court: No right to resist illegal cop entry into home

Discussion in 'Off-Topic' started by JollyRoger, May 13, 2011.

  1. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

    This is good news for criminals. Just anounce yourself as a cop and a law-abiding Inidiana citizen will think he has no right to stop you from entering his house.

    Not sure if the law and order crowd will support this lawless and disorder concept.
     
  2. galdre

    galdre Emperor

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    wow, way to go Indiana - add that to the reasons not to live in that state
     
  3. Bill3000

    Bill3000 OOOH NOOOOOOO! Supporter

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    Question: Has there ever been any other parts of the common law declared unconstitutional?
     
  4. Aegis

    Aegis Deity

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    Any law that the Gestapo would love is a law that probably should not be on the books.

    /Godwin
     
  5. Quackers

    Quackers The Frog

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    What a terrible decison.

    I remember the good ol' days when a Hoosier's home was his castle.
     
  6. Terrapin

    Terrapin Prince

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    I was just about to say that this renders the Fourth Amendment meaningless, but that is not right. Remember the exclusionary principle. If police enter your home illegally, they render any evidence of wrongdoing they find inadmissible. Further, they render any evidence they find elsewhere as a result of their illegal search inadmissible. So the principle of resisting police entry into your home has more to do with how obnoxious it is to have someone force their way into your home.

    The second ruling the OP mentions is really a bigger deal. Anytime you allow police to legally enter a home without a warrant based on some version of the "reasonable man" theory, you obliterate the Fourth Amendment.
     
  7. El_Machinae

    El_Machinae Colour vision since 2018 Retired Moderator

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    Well, yes, we already knew that 'allowing resistance escalates violence'. In fact, some of the idea was that the violence would deter people ...
     
  8. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    Common law rights tend to get eroded over time, especially, as here, where there are remedies available that were not around when the common law developed (bail, civil rights lawsuit, exclusionary rule, etc.).

    However, the erosion generally happens gradually and not as broadly as the court did here. From the dissent:

    http://bloximages.chicago2.vip.townnews.com/nwitimes.com/content/tncms/assets/editorial/c/82/cdb/c82cdbb8-7ea0-5c55-bb00-2aa247134bbb-revisions/4dcc5c97c31bf.pdf.pdf

    I agree that the court likely got the result right for this particular case, but the reasoning was overly broad. I might have written a concurrence that adopted some of the reasoning of the dissent, though I might have joined the dissent to remand the case (so that a proper jury instruction could be given).
     
  9. Shadowbound

    Shadowbound Scourge of God

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    Gonna get appealed.
     
  10. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    The next place to take it is to the Supreme Court. I'm not so sure cert woould be grnated. If the SUpreme Court took it, it might get reversed or narrowed. Roberts, ALito, and Thomas would likely uphold it, but I think Scalia, Ginsberg, and Breyer would want to reverse or narrow. Not as sure about Kennedy (it's always a guess with him), Sotomayor (she has a prosecution background), and Kagan (too new and perhaps law and orderly enough to back the blue here).
     
  11. amadeus

    amadeus めっちゃしんどい

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    Uh, what about the cops breaking into people's houses? Doesn't this nitwit think they are the ones unnecessarily escalating the level of violence?
     
  12. JollyRoger

    JollyRoger Slippin' Jimmy Supporter

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    What if the cop just wants to come in a watch the Pacers game?
     
  13. GhostWriter16

    GhostWriter16 Deity

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    Thread winning comment is quoted directly above this message:goodjob:

    I should point out when I first read this, I read "India Supreme Court," and then I became shocked this is happening in America...

    I hope this gets challenged.
     
  14. SG-17

    SG-17 Deity

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    If someone breaks into your house in Pennsylvania you can yell "get out of my house or I will kill you" and if they don't leave you can legally kill them.
     
  15. downtown

    downtown Crafternoon Delight

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    these tags are hysterical
     
  16. RedRalph

    RedRalph Deity

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    While this ruling is clearly wrong, I doubt this will causes tii many problems.
     
  17. GhostWriter16

    GhostWriter16 Deity

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    Pennsylvania is smart then!
     
  18. LucyDuke

    LucyDuke staring at the clock

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    My first thought was "this'll get overturned easy". You really don't think so? It seems so painfully duh to me. :(

    And yeah, great work with the tags.
     
  19. NickyJ

    NickyJ Retired Narrator

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    Indiana just got onto my "Never Visit List".
     
  20. timtofly

    timtofly One Day

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    It definetly will not stop domestic abuse, I see no problem here. Since now any one can yell police and brake your door down, I see no problems here. Maybe we could leave the door open and just put cellophane up and let people try to come in whenever.
     

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