Court: No right to resist illegal cop entry into home - PowerStrokeNation : Ford Powerstroke Diesel Forum
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post #1 of 24 (permalink) Old 06-02-2011, 09:47 PM Thread Starter
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Court: No right to resist illegal cop entry into home

Court: No right to resist illegal cop entry into home

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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.

"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."

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Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court's decision runs afoul of 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."
What 4th amendment.....

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post #2 of 24 (permalink) Old 06-02-2011, 10:06 PM
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Re: Court: No right to resist illegal cop entry into home

WOW... Holy hell I hope there is more to the story, but if not, that's a complete travesty.

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post #3 of 24 (permalink) Old 06-02-2011, 11:31 PM
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Re: Court: No right to resist illegal cop entry into home

So says the Indiana Supreme Court members...right up until a police officer invites him/herself into one of their homes for "no reason at all".

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post #4 of 24 (permalink) Old 06-03-2011, 12:48 AM
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Re: Court: No right to resist illegal cop entry into home

I think I would need more information then what is provided in that article to understand the whole story.
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post #5 of 24 (permalink) Old 06-03-2011, 02:50 PM
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Re: Court: No right to resist illegal cop entry into home

SAme here. Sounds a whole lot like what a lot of good Americans died for in Europe, fighting against a man with a big head and a little mustache.




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post #6 of 24 (permalink) Old 06-03-2011, 03:00 PM
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Re: Court: No right to resist illegal cop entry into home

wow just wow.

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post #7 of 24 (permalink) Old 06-03-2011, 06:10 PM
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Re: Court: No right to resist illegal cop entry into home

A few months ago at a big party at my house, i wa arrested by the county sheriff. The sheriff showed up as i was helping people maneuver their cars to a better spot down my 1/8 mile long driveway.

The sheriff then started questioning me as to whether i was drunk, i said no though i had been drinking i was not drunk and i was 3 feet away from the deputy sitting in his vehicle; then as to whether people in the house were of age to drink or not, i said i dont know? then as to whether there were people drinking inside, i responded i dont know, i dont think so, but i wouldnt put it past some people in there. he then asked for my id, i checked my back right pocket wasnt there. i figured it was in my room since i had no where to be but my own house that night. he said, lets go get it then. So we walk about 300 feet from the car to my house *i was the only person he or either of the sheriffs had spoken to so far* We got to my garage with both the garage door and the side door shut.

I told the deputy, im sorry guys, but you guys are gonna have to wait here because i cant let you in without a search warrant. IMMEDIATELY without further questions i was cuffed and arrested. On the way back to the car with my hands behind my back i found my wallet in my back left pocket, told them, and presented it to them on my own vilition. Upon pulling my id from my wallet, the officer (who had a history with traffic citations for my brother in the past) looked at it and said, ya found your wallet? well thats obstruction. Then said, vukich huh, you have a brother dont ya? i didnt respond. He then said, "yeah your brother danny, it must run in the family" as he was putting me in the back of the car. i said, why would you even say that man? as the door was shut.

I wasnt breathalized, i wasnt given a field sobriety test. I was arrested for telling the sheriff they couldnt enter my home without a warrant. I was then given an obstruction of official business charge because i had misplaced my wallet though i had found it and presented it to them without them having to search me. The people that were still in my house when the deputies were spotlighting it for the next 4 hours, reported to me that they were tellign the people inside that 1. if they didnt come out, they would charge everybody in the house with burglary. 2. if they didnt come out they would start towing vehicles off MY property. 3. that they spoke with the home owner and the home owner said to just come out and they wont press charges. when they never spoke to my mother or father at all. I spent the night in county, in population with some serious criminals, and i was the only one arrested. They let drunk kids drive home after they arrested me and told people that did come out that they arrested me for being an #######.

At the latest and last court date, the arresting officer was there and pressed for the obstruction charge to stick because he said it too UNTIL HE PATTED ME DOWN to find my wallet.

This is why i cannot respect police at all no matter what. No police officer gets my respect. You could be a police officer reading this, and completely disagree with what the sheriff did here, but if i saw you in a police uniform, i couldnt feel an ounce of respect for you. Too many authority figures abuse their power and dont comply with the law when doing so. They are supposed to apprehend people that arent complying with the law, not apprehend and arrest people by not complying with the law themselves.


This is a rough version of the story, its pretty tough to quickly describe what happened in text, as im much better at vividly describing it verbally. so if there are some parts that dont make sense im sorry lol, just ask about it.
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post #8 of 24 (permalink) Old 06-03-2011, 06:45 PM
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Re: Court: No right to resist illegal cop entry into home

I have had some bad episodes with the law also. Also had some good ones. Me and my brother went hunting on a Sunday. On the way home, the car broke, about twenty miles from the city. Started walking. Got picked up and arrested with guns drawn by two County Sherriffs. Apperently, we matched the descriptions of a couple of armed robbers. We sat at the county courthouse until the guy we supposedly robbed, walked in and said, Nope, not them. The two officers then asked what we were doing out there. When we told him our car broke and we were walking into town for a fuel pump, he called the parts store owners house (closed on Sunday), he met us down at his store, he opened the store and sold us a pump. The Officer then gave us a ride out to the car and waited until we had it installed to make sure it would work. Even with all the hassle, it worked out a lot better, we did not have to walk near as far, to find a parts house closed on Sunday.

No matter what, I respect policemen. I may not respect a certain single officer, but as a rule, they get my respect.




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post #9 of 24 (permalink) Old 06-03-2011, 06:48 PM
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Re: Court: No right to resist illegal cop entry into home

Unfortunately I have a similiar story and my experience w/ the law ruined any small bit of respect and confidence I had in law enforcement.

I don't run around breaking laws generally but as a rule, I'll do anything to avoid coming in contact w/ them. Change lanes, turn left, walk into a business I didn't need to go to.

I don't want anything to do w/ the law.

I'm officially...Stroke-less.
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post #10 of 24 (permalink) Old 06-04-2011, 03:40 AM
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Re: Court: No right to resist illegal cop entry into home

Facts and Procedural History

On November 18, 2007, Richard Barnes argued with his wife Mary Barnes as he was moving out of their apartment. During the argument, Mary tried to call her sister but Barnes grabbed the phone from her hand and threw it against the wall. Mary called 911 from her cell phone and informed the dispatcher that Barnes was throwing things around the apartment but that he had not struck her. The 911 dispatch went out as a ―domestic violence in progress.‖
Officer Lenny Reed, the first responder, saw a man leaving an apartment with a bag and began questioning him in the parking lot. Upon identifying the man as Barnes, Reed informed him that officers were responding to a 911 call. Barnes responded that he was getting his things and leaving and that Reed was not needed. Barnes had raised his voice and yelled at Reed, prompting stares from others outside and several warnings from Reed.
Officer Jason Henry arrived on the scene and observed that Barnes was ―very agitated and was yelling.‖ Barnes ―continued to yell, loudly‖ and did not lower his voice until Reed warned that he would be arrested for disorderly conduct. Barnes retorted, ―if you lock me up for Disorderly Conduct, you‘re going to be sitting right next to me in a jail cell.‖ Mary came onto the parking lot, threw a black duffle bag in Barnes‘s direction, told him to take the rest of his stuff, and returned to the apartment. Reed and Henry followed Barnes back to the apartment. Mary entered the apartment, followed by Barnes, who then turned around and blocked the doorway. Barnes told the officers that they could not enter the apartment and denied Reed‘s requests to enter and investigate. Mary did not explicitly invite the officers in, but she told Barnes several times, ―don‘t do this‖ and ―just let them in.‖ Reed attempted to enter the apartment, and Barnes shoved him against the wall. A struggle ensued, and the officers used a choke hold and a taser to subdue and arrest Barnes. Barnes suffered an adverse reaction to the taser and was taken to the hospital.


Just for fun discussion do you think Barnes was subject to arrest even before the pissing match over entry into the house? What would you want to police to do in this situation? What if this was I dunno your sister and what if this was instead your brother?
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