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Title: Ind. court: No right to resist 'unlawful police entry'
Source:
AP
URL Source: http://www.chicagotribune.com/news/ ... entry-20110513,0,2225708.story
Published: May 14, 2011
Author: staff
Post Date: 2011-05-14 10:43:15 by Ferret Mike
Keywords: None
Views: 5297
Comments: 6
The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful." In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking , including concerns for an officer's safety or that a suspect may escape or that evidence may be destroyed. "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," wrote Justice Steven David. "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 can still be released on bail and has other opportunities to protest the entry through the court system. The Northwest Indiana Times reports that the court's decision stems from a 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, according to the newspaper. 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. Justices Robert Rucker and Brent Dickson dissented, saying the court's decision runs counter to the Fourth Amendment of the U.S. Constitution. "In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree." Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations, they would have supported the ruling. Copyright 2011 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. chibrknews-ind-court-no-right-to-resist-unlawful-police-entry-20110513
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#1. To: Ferret Mike (#0)
Three of those judges should be removed from the bench and hanged. How the HELL does anybody ever get to be a judge without hearing about the Bill of Rights?
"I adore John McCain, support him 100 percent and will do everything I can to support his reelection. As everyone knows, I was honored and proud to run with him. And Todd and I were with him in D.C. just a week ago." (Sarah Palin,Dec 2009) ************************************ DID Palin say or write these things or not? (Me) I don't know or F ing care. (Mad Dog posted on 2009-12-26 16:36:33 ET,post # 105 http://libertysflame.com/cgi-bin/readart.cgi?ArtNum=5510&Disp=114#C114)
I don't understand how a suspect may escape, unless he's Jason Bourne.
I'll bet $5 some cops end up dead over this.......
"I love the 45 caliber M1911, I respect the 9MM M9 Beretta but I only carry a CZ for my own personal protection". Quote courtesy of Lt Col John Dean Cooper, recognized as the Father of Modern Handgunning
The police are not your friends... William Heard, 46 years old, Osawatomie, Kansas SWAT conducted a no-knock drug raid, complete with flash-bang grenades. Heard was shot to death in front of his wife and 16-year-old daughter who had cried for help. Fearing home invasion, he was holding an empty rifle. The raid was at the wrong house. John Adams, 64 years old, Lebanon, Tennessee Shot to death during a SWAT drug raid while watching TV. The house didn’t match the description on the warrant. Ismael Mena, 45 years old, Denver, Colorado Mena was killed when police barged into his house looking for drugs. They had the wrong address. Alberta Spruill, 57 years old, Harlem, New York Police, acting on a tip, forced their way into Spruill’s home, setting off flash grenades. She suffered a heart attack and died. It was the wrong address. Accelyne Williams, 75 years old, Boston, Massachusetts Accelyne was a retired Methodist Minister and substance abuse counselor. After an informant gave police a bad address, a SWAT raid was conducted on the minster’s home. The door was battered down, Williams was tackled to the floor and his hands tied behind his back. He died of a heart attack. Mario Paz, 65 years old, Compton, California Mario was shot twice in the back in his bedroom during a SWAT raid looking for marijuana. No drugs were found. Pedro Oregon Navarro, 22 years old, Houston, Texas Following up on a tip from a drug suspect, 6 officers crowded into a hallway outside Navarro’s bedroom. When the door opened, one officer shouted that he had a gun. Navarro’s gun was never fired, but officers fired 30 rounds, with 12 of them hitting Pedro. No drugs were found. Derek Hale, 25 years old, Wilmington, Delaware A retired Marine Sergeant who served two tours in Iraq, was peacefully sitting on the front stoop of a house, when police in unmarked cars who had him under surveillance (believing based on his acquaintances that he might be part of a narcotics ring) pulled up and tasered him three times, causing him to go into convulsions and throw up. Because he had not gotten his hand free from his jacket quickly enough (while convulsing) an officer then shot him point blank in the chest with three .40 caliber rounds. Donald P. Scott, 61 years old, Malibu, California Government agencies were interested in the property of this reclusive millionaire. A warrant was issued based on concocted “evidence” of supposed marijuana plantings, and a major raid was conducted with a 32-man assault team. Scott was shot to death in front of his wife. No drugs were found. A later official report found: “It is the District Attorney’s opinion that the Los Angeles County Sheriffs Department was motivated, at least in part, by a desire to seize and forfeit the ranch for the government. Based in part upon the possibility of forfeiture, Spencer obtained a search warrant that was not supported by probable cause. This search warrant became Donald Scott’s death warrant.” Kathyrn Johnston, 88 years old, Atlanta, Georgia Kathryn lived in a rough neighborhood and a relative gave her a gun for protection. When she noticed men breaking through her security bars into her house she fired a shot into the ceiling. They were narcotics officers and fired 39 shots back, killing her. The police had falsified information in order to obtain a no-knock search warrant based on incorrect information from a dealer they had framed. After killing Johnson and realizing that she was completely innocent, they planted some marijuana in the basement. Eventually their stories fell apart federal and state investigations learned the truth. Additional facts have come to light that this was not an isolated incident in the Atlanta police department. Tony Martinez, 19 years old, De Valle, Texas Officers conducted a drug raid on a mobile home in De Valle. Martinez, who was not the target of the raid, was asleep on the couch when the raid commenced. Hearing the front door smashed open, he sat up, and was shot to death in the chest. Cheryl Noel, 44 years old, Dunkalk, Maryland Substitute Sunday School Teacher Cheryl Noel possessed a registered handgun, which she kept in her bedroom (9 years earlier, Cheryl has lost her 16-year-old stepdaughter in a shooting murder). On January 19, just before 5 am, police burst into her home using flash-bang grenade and battering ram looking for drugs. Both Cheryl and her husband were asleep in the master bedroom. Suddenly awake and fearing an armed intrusion, Cheryl grabbed her gun. Police kicked in the bedroom door and shot her 3 times. Manuel Ramirez, Stockton, California At 2 am, police smashed down the door and rushed into the home of Manuel Ramirez, a retired golf course groundskeeper. Ramirez awoke, grabbed a pistol and shot and killed officer Arthur Parga before other officers killed him. Police were raiding the house based on a tip that drugs were on the premises, but they found no drugs. Alberto Sepulveda, 11 years old, Modesto, California Alberto was killed by a shotgun blast to the back while following police orders and lying face down on the floor during a SWAT raid. He was a seventh-grader at Prescott Senior Elementary School. Many more...
COUNT on it. The JBTs think that the people will simply roll over and take this. They think wrong. All their gear, all their military tactics, body armor, etc... Will extend their lives by only a minor amount of time. When the balloon goes up, their lives won't be worth two warm squirts of piss.
List of those unable to think: Bumper sticker on DwarF's car: Each story- by itself- would be inexcusable. Taken together, they illustrate clearly, that police are NOT following the "protect and serve" mantra. To them, WE are the enemy. There's a lot of cops complaining how "dangerous" their job is, and how there's a "war" going on... This, despite the fact that being a cop doesn't even make the top-10 list... They keep up with their police-state tactics, and they WILL find themselves in a war...
List of those unable to think: Bumper sticker on DwarF's car:In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking , including concerns for an officer's safety or that a suspect may escape or that evidence may be destroyed.
#2. To: Ferret Mike (#0)
In a 3-2 decision, the court held there are valid reasons for police officers to enter homes without a warrant and without knocking , including concerns for an officer's safety or that a suspect may escape or that evidence may be destroyed.
#3. To: Ferret Mike (#0)
The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."
#4. To: Ferret Mike (#0)
(Edited)
"Everything that can be invented has been invented."-- Charles Duell, Commissioner of US Patent Office, 1899
#5. To: CZ82 (#3)
I'll bet $5 some cops end up dead over this.......
mcgowanjm, ferret mike, skippy, fartboy/yukko, white sands, bucky, lucys idiot mom, e_type_jackoff, go56, badlie, wreck, calCON, Kafir, war, Banjo Boris, Biff, Godwinson and meguro. If you're on the above list...? PISS OFF.
#6. To: jwpegler (#4)
mcgowanjm, ferret mike, skippy, fartboy/yukko, white sands, bucky, lucys idiot mom, e_type_jackoff, go56, badlie, wreck, calCON, Kafir, war, Banjo Boris, Biff, Godwinson and meguro. If you're on the above list...? PISS OFF.
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