No more 4th Amendment Protection for Indiana residents, Supreme Court rules

[Law & Courts Contributor, Jason King]

Socyberty:  Thursday, 12th May 2011 was a bad day for Indiana residents as the state’s Supreme Court cancelled their Fourth Amendment Protection.

The court ruled that residents have no right to stop the police from unlawfully entering into their homes.  Justice Steven David summarizing the court’s 3-2 decision said that if a police officer wants to enter a person‘s home for any reason, or without any reason, the person is prohibited from stopping the officer’s entry.

He 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 …….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.”

He said that persons who feel that their rights have been infringed by the entry of the police into their homes, can always apply to the court later for redress.

The court’s decision results from a recent case in Vanderburgh County when police had attended an apartment where a husband and wife were arguing. The husband had informed the police that they were not required and blocked the entrance to the apartment preventing them from entering.  When an officer tried to enter, the husband pushed him out of the way and was then stun-gunned by a second officer who then arrested the husband.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”.

3 Responses to “No more 4th Amendment Protection for Indiana residents, Supreme Court rules”

  1. Let the second American revolution commence!


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