Thursday, May 19, 2011

Police Can Enter Homes w/o Warrant-California and Indiana are Among Several States w/

What are WE in the US doing about the usurpation of the original CONSTITUTIONAL Mandates!-This is NOT a ?-it is a focused rhetorical comment...posed as a ?

Nazi - like 'higher court' laws:
and this one last Thurs May 12 , 2011:
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."

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.


Dan said...

Most people I know have the financial and time wherewithal to sue the government. No problem.

christian soldier said...

D-great take -my friend!
Suing the Fed is no problem :-)

They Say/We Say said...

After being pulled over by a Police Officer for a traffic stop, and given a ticket for something that you believe is a bogus ticket, you have to sign the ticket or be taken to jail. Signing the ticket is not an admission for guilt, so they say.
But try and get the Judge to hear you say not guilty and if the town needs money the Judge will only reduce the fine.
This on the other hand, is Aristocrats taking away our last few Rights that we have left. Doing the U.N. bidding a little at a time; what they could not do in the House and Senate in the acceleration of their global agenda.
The LEFTIST always go the courts for their rejected quest for power by the people.
Kelo Case for one and if researched there will surface many other hidden in the rulings of some that do not express a clear path to take away the rights of the people.

christian soldier said...

TS-you are so right!
un-just judges have been the bain of the governed since the beginning of est. governance-

Z said...

and all we can do to fight is blog our fingers to the bone.
I have NEVER heard this about California, tho I don't watch local news, I must admit.
This can't be right. Americans have maligned Europeans for being able to enter cars and homes with no warrants.
matter of fact, the joke among French police is that after having watched AMerican crime stories, perps inside French homes, when cops have come to the door and said OPEN UP, have yelled "YOU don't have a warrant!"
The cops have to yell in "You've been watching too much American TV, we don't NEED a warrant!" (true story)

Mustang said...

I assume the lesson here is that people should be paying closer attention to the people they elect to the state supreme court. I wonder if anyone has sent this to the TMLC ... they quite often attack state laws for their unconstitutionality.

William Stout said...

They are tightening the circle of freedoms tighter and tighter around the individual. By preventing the citizen from using force to resist an unlawful intrusion by the government they place yet another yoke about the citizens neck. This is not about the protection of law enforcement personnel, it is about attacking the individuals right to defend his home. This is the cost of liberals on the bench. They tinker and demean the Constitution and the Common Law. If the people want to change the rules then the people will do so without the interference of a busybody dressed in a black robe.

christian soldier said...

Z-I Goggled the Indiana case and came up w/ the CA case + it is also in several other states-
The slow-hidden slide ...
and -there have been voices crying for US to be more like Europe..ICK

M-the Founders never intended the courts to be this powerful-they were to be the lesser of the branches...

WS-it is time to educate the young on the true history of the Republic-it will take time -and a long term vision...