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.
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