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      05-13-2011, 08:01 PM   #1
M3Bahn
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Goodbye 4th Amendment? - Court: No right to resist illegal cop entry into home

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."

http://www.nwitimes.com/news/local/g...3df229697.html
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      05-13-2011, 08:07 PM   #2
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I have a feeling you and I don't agree on much, esp your Rand-y mumbo jumbo sig, but on this we do agree.
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      05-13-2011, 08:16 PM   #3
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I have a feeling you and I don't agree on much, esp your Rand-y mumbo jumbo sig, but on this we do agree.
Congrats on seeing the light.

Sig. is a line from wallstreet movie and a joke, sorry you didn't get it.
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      05-13-2011, 08:20 PM   #4
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Sig. is a line from wallstreet movie and a joke, sorry you didn't get it.
Ah... Wall Street. Sorry I just saw that Ayn Rand movie, and it sounds straight out of one of her books.
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      05-13-2011, 08:28 PM   #5
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Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I certainly hope that this would be heard by the U.S. Supreme Court. Unfortunately, I am not confident of the outcome. They are hell-bent on destroying the Constitution. They would probably say something like "no Warrants are being issued, so they don't need probable cause". Just the same stupid kind of reasoning that has been used in other cases.
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      05-13-2011, 08:30 PM   #6
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Ah... Wall Street. Sorry I just saw that Ayn Rand movie, and it sounds straight out of one of her books.
Np, just trying too hard to pigeonhole me and it ain't gonna happen.

Gordon Gekko said it as a matter of fact.




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      05-13-2011, 08:33 PM   #7
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Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I certainly hope that this would be heard by the U.S. Supreme Court. Unfortunately, I am not confident of the outcome. They are hell-bent on destroying the Constitution. They would probably say something like "no Warrants are being issued, so they don't need probable cause". Just the same stupid kind of reasoning that has been used in other cases.
Same here, I was just thinking it was great about the new texas law and this hits the news.
I can't believe how quickly our civil rights are eroding!
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      05-13-2011, 09:24 PM   #8
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So, from the article, I think it was saying the minority opinion would have ruled with the majority had they limited the approval of illegal entry to domestic disputes, or something like that.

This would have made it more palatable, but I would think, still reason for concern. It sounds like the way it was ruled, this is as bad as it can get. The only consolation being that the illegal entry would be a civil offense...? So, if it is a civil offense, is the cop going to have to face civil charges?
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      05-13-2011, 10:31 PM   #9
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Excuse my french.. But, that is some fucked up shit!

So can a person still shoot a cop as self defense if the cop is on property illegally in this situation ?
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      05-13-2011, 10:41 PM   #10
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Excuse my french.. But, that is some fucked up shit!

So can a person still shoot a cop as self defense if the cop is on property illegally in this situation ?
It looks to me like the ruling is that the homeowner is wrong resisting the cop's unlawful entry. Certainly he can't shoot. Even just throwing the cop up against the wall is a crime. The cop would probably be justified in shooting the homeowner if the homeowner so much as held a gun on him. Resistance is FUTILE!
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      05-13-2011, 10:47 PM   #11
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It looks to me like the ruling is that the homeowner is wrong resisting the cop's unlawful entry. Certainly he can't shoot. Even just throwing the cop up against the wall is a crime. The cop would probably be justified in shooting the homeowner if the homeowner so much as held a gun on him. Resistance is FUTILE!
Can't wait to see how long it takes before criminals start taking advantage of this.
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      05-13-2011, 10:47 PM   #12
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It looks to me like the ruling is that the homeowner is wrong resisting the cop's unlawful entry. Certainly he can't shoot. Even just throwing the cop up against the wall is a crime. The cop would probably be justified in shooting the homeowner if the homeowner so much as held a gun on him. Resistance is FUTILE!

Duhhh... that makes sense. I had a long day working on my car.

Thanks.
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      05-13-2011, 10:53 PM   #13
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Can't wait to see how long it takes before criminals start taking advantage of this.
Go to the costume store and get a fake badge. You can do anything!
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      05-13-2011, 11:29 PM   #14
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Go to the costume store and get a fake badge. You can do anything!
Go to Army Surplus store and get your self a full set of BDU's. No one will fuck with you then.
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