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Thread: Court: No right to resist illegal cop entry into home

  1. #21
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    Re: Court: No right to resist illegal cop entry into home

    Here's the gig, while I agree that in an average situation, resisting police entry into your home isn't such a smart move, to say that your rights as an individual, to life, liberty... are second to not causing an "undo incident rely on the courts to sort things out later" is just daft. It's erring on the side of "caution" taken to an absurd level.

    No, the judges were wrong. You HAVE Rights, and they aren't something so lightly tossed away in hopes that some court will figure it out later.
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by MrVicchio View Post
    Here's the gig, while I agree that in an average situation, resisting police entry into your home isn't such a smart move, to say that your rights as an individual, to life, liberty... are second to not causing an "undo incident rely on the courts to sort things out later" is just daft. It's erring on the side of "caution" taken to an absurd level.
    Even if they are wrong, when you kill a cop they are given a hero's funeral and yours will follow shortly. If they are wrong, resisting will make them more wrong and more likely to get away with it.

    Fighting cops is a good way to die, but not until I'm ready.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Your Star View Post
    They can't do anything, if they don't have a warrant, and you don't consent, well tough cookies.
    Yes they can. They can and will search your home if they want to. If you try to physically prevent them, you've committed a crime. If their search is unreasonable, anything they come across is inadmissible in court, but the only thing that can determine that is a court.

    You can't fight the police. They get to win.
    Last edited by Deuce; 05-14-11 at 12:57 PM.
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    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by MrVicchio View Post
    Here's the gig, while I agree that in an average situation, resisting police entry into your home isn't such a smart move, to say that your rights as an individual, to life, liberty... are second to not causing an "undo incident rely on the courts to sort things out later" is just daft. It's erring on the side of "caution" taken to an absurd level.

    No, the judges were wrong. You HAVE Rights, and they aren't something so lightly tossed away in hopes that some court will figure it out later.
    But in the moment, is the civilian the one who determines whether the search is reasonable or the police officer?
    He touched her over her bra and underpants, she says, and guided her hand to touch him over his underwear
    Quote Originally Posted by Lutherf View Post
    We’ll say what? Something like “nothing happened” ... Yeah, we might say something like that.

  5. #25
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Viktyr Korimir View Post

    Fighting cops is a good way to die, but not until I'm ready.
    Actually it's a terrible way to die if that's the goal. It's inaccurate to believe that cops want to shoot and kill people and those who elect "suicide by cop" neglect the toll it takes on the officer who's forced to take a life.

    As an aside, we had an incident here where someone committed suicide by jumping off an overpass into the path of an oncoming truck. I didn't feel for the guy who died, he got what he wanted. I did feel for the driver of the truck.
    Last edited by X Factor; 05-14-11 at 01:16 PM.
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by Viktyr Korimir View Post
    Do not fight cops in the street. You will never, ever win and even if they're wrong you'll be lucky if they even pay your hospital bills. The only weapon you can beat a cop with is a lawyer.
    A lawyer liked this post. I found that amusing.
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by X Factor View Post
    Actually it's a terrible way to die if that's the goal. It's inaccurate to believe that cops want to shoot and kill people and those who elect "suicide by cop" neglect the toll it takes on the officer who's forced to take a life.
    Oh, I don't believe for a second that's what they want. The bulk of their training is dedicated to avoiding it, and rightfully so. But if you've got more than one officer pointing a gun at you and you can goad one of them into firing, they're all going to empty their magazines into you. It's foolproof, and perhaps if our society didn't perversely insist on putting failed suicides in the hospital against their will, it wouldn't be such an attractive option.

    Quote Originally Posted by X Factor View Post
    As an aside, we had an incident here where someone committed suicide by jumping off an overpass into the path of an oncoming truck. I didn't feel for the guy who died, he got what he wanted. I did feel for the driver of the truck.
    Yeah, that's a rough bit of business. Heard it does a number on train conductors, too.

  8. #28
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    Re: Court: No right to resist illegal cop entry into home

    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.

    When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter. When an officer entered anyway, the husband shoved the officer against a wall. A second officer then used a stun gun on the husband and arrested him.

    Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence. "It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."
    I completely agree with this reasoning. Ya' don't argue with a copper on the street or at your front door. You argue with him in court.

    Resistance is futile.
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  9. #29
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by megrimlock View Post
    Shoot first and ask questions later right? Just wondering though how exactly would most people know if the intrusion is legal or not?
    A warrant.

    Mistakes on warrants are made, and most people are not legally versed in this sort of thing, do you really think it's a good idea for someone to go all postal just because they THINK it's an infringement of their rights?
    If the cops does not present a warrant then sure its a good idea for someone to go all postal because a police officer trespassed. As much respect as I have for law enforce they still should be treated no different than any other trespasser if they illegally trespass.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by jamesrage View Post
    If the cops does not present a warrant then sure its a good idea for someone to go all postal because a police officer trespassed. As much respect as I have for law enforce they still should be treated no different than any other trespasser if they illegally trespass.
    Lack of a warrant does not mean that a police officer cannot legally enter your home. In many circumstances, cops can break down doors without warrants and be perfectly within the law.
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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