HOOSIER HIGH HONCHOS: NO MORE 4A
"GARY, INDIANA - MY HOME SWEET HOME":
Not any more, it ain't.
(Ya, it shows the Indianapolis 500 race,
because it's more interesting.
There's no Gary 500.)
By Ed Gauthier
Cruising The Crashing
(CNS) INDIANAPOLIS - - Looks like it's 'bye 'bye Fourth Amendment in Indiana.
The Indiana Supreme Court ruled yesterday that people there no longer have any right to resist if police officers illegally enter their home. That decision of course completely overturns 4A of the Constitution, plus centuries of common law that stretch back even before that.
After its shocking 3-2 vote, Indiana Justice Steven David said, “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."
So everything in "modern" times regarding the "non-modern" Constitution is null and void, according to David.
And note how they even still admit that the cop entry in question is UNLAWFUL!
Has the Indiana high court suddenly gone crazy? Well, at least Justices Robert Rucker and Brent Dickson dissented, saying the ruling runs afoul of the U.S. Constitution’s Fourth Amendment against unreasonable search and seizure.
Rucker said, “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.”
Dickson said, “The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad.”
Duh! But a fat lot of good that does when the rock-headed ruling was passed, anyway.
Time to move out of Indiana, folks!
Corroborating source: AP.
Original headline: Court: No Right To Resist Unlawful Police Entry