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

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    Court: No right to resist illegal cop entry into home

    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.
    Wow....what are we coming to.

    Papers please

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

    I don't see how the alternative would be feasible. "Unlawful entry" is something that has to be decided by the courts, not a civilian on the spot. If you think the police are acting improperly you have to seek remedy through the courts, not by assaulting a police officer. I just don't see how it can work otherwise, every asshole who wants to resist arrest could just claim he thought the cops were acting unlawfully.

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

    Quote Originally Posted by Kernel Sanders View Post
    I don't see how the alternative would be feasible. "Unlawful entry" is something that has to be decided by the courts, not a civilian on the spot. If you think the police are acting improperly you have to seek remedy through the courts, not by assaulting a police officer. I just don't see how it can work otherwise, every asshole who wants to resist arrest could just claim he thought the cops were acting unlawfully.
    true but if the cop (and this has happened more times than most people would like to know about) also tries to kill someone who thinks he is under criminal attack, the homeowner should kill in self defense rather than have his estate win a big judgment against the police department



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

    So a cop can just stroll in and poke around your house without any good reason? Doesn't that violate unreasonable search?
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by spud_meister View Post
    So a cop can just stroll in and poke around your house without any good reason? Doesn't that violate unreasonable search?
    of course it does

    where most of the cases come from is "dynamic entries" into the wrong address, often with a warrant



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

    Quote Originally Posted by TurtleDude View Post
    true but if the cop (and this has happened more times than most people would like to know about) also tries to kill someone who thinks he is under criminal attack, the homeowner should kill in self defense rather than have his estate win a big judgment against the police department
    You're saying the homeowner should kill the cop?
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    Re: Court: No right to resist illegal cop entry into home

    Quote Originally Posted by TurtleDude View Post
    of course it does

    where most of the cases come from is "dynamic entries" into the wrong address, often with a warrant
    Oh, I guess that makes sense, but the wording of it seems a bit too vague, maybe they should make it law cops check on Google Maps to see where they're going before they get there.
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    Re: Court: No right to resist illegal cop entry into home

    This really never happens... most people do not resist police officers coming into houses, and this just backs up an age old unwritten rule. If an officer pulls you over, and he/she wants to search your car, and YOU, a citizen, believes he has no right to search your car, cannot do anything about it on the spot. You let him do the illegal search, then take it up with a court afterwards. Even if he finds nuclear rods in your car, if it was an illegal search, you take it up with the court, and it will be thrown out and you'll be let off. This isn't some super important legal case. Just think about it with the car metaphor.

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

    the law is to prevent obstruction of an officers entry, it does not define the legality of the entry. in the case of murder in self defense, it would be up to the courts again. one must look at the nature of indianapolis and see if they suffer police corruption. if they are not notoriously corrupted, then this law serves the judicial process and confidence in law. i dont know if this will result in increased infringement on personal property, or more violence agaist law enforcement. it all comes down to you, people.

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

    A little more from the article;

    "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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