King George alive and well in Indiana Supreme Court


“The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter — all his force dares not cross the threshold of the ruined tenement.”
William Pitt, Earl of Chatham

Capital BuildingIn two fell swoops the Indiana Supreme Court has destroyed the Fourth Amendment and centuries of common law. On Tuesday, the court unconstitutionally determined it’s completely fine to allow police officers to enter a home without a warrant and without knocking if they believe circumstances warrant it.  Before this ruling, police needed a judges warrant to enter without knocking.

On Thursday, the court decided they hadn’t trespassed on our liberty quite far enough and determined that Hoosier’s have no right to resist if a police officer wants to enter their home, for ANY or NO reason.

Yes.  That’s what they determined.  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. 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.  Justice Steven David

In what country did this jackboot, and the other two in the majority, grow up in?  Apparently a country where anyone with a badge has the authority to enter YOUR home with or without cause.  They may have a slight suspicion or  just want to come in and make a sandwich or ogle your wife or daughter. Either way you have no longer have the right to resist in Indiana.  Oh, well you can sue, at your expense, later.

I would like to thank Justice Dickson for his dissenting view.

In my view, the wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad. The case before us involves police action in response to a report of domestic violence in progress. Such events present a heightened urgency for police presence for the protection of the dwelling’s occupants and to diffuse enraged emotions and animosity. It would have been preferable, in my view, for the Court today to have taken a more narrow approach, construing the right to resist unlawful police entry, which extends only to reasonable resistance, by deeming unreasonable a person’s resistance to police entry in the course of investigating reports of domestic violence.

It is the job of the courts and  law enforcement, not to make us safe, but to protect our liberty from thugs.   The Supreme Court of Indiana failed in that duty, as my teen daughter would say, “Epic Fail”.  Too bad it’s not grounds for impeachment.  Impeachment is reserved for crimes committed while in office and while many see these rulings are treason against the people of Indiana, issuing an opinion, no matter how immoral or anti-American, is not a crime. But if you are interested in freedom and your individual liberty, you shouldn’t be silent.  Here’s what you can do.

  1. Join the Preserve the Fourth Amendment Group on Facebook to show your protest.
  2. Read the rulings so you know what’s been done to your rights.
    Richard L. Barnes v. State of Indiana
    Cornelius T. Lacey, Sr. v. State of Indiana
  3. Those in the majority on both decisions were Justices Steven H. David, Randall Shepard, Frank Sullivan, Jr.  Justice David came to the court in October of 2010.  In two years he will be on the ballot for a retention election. The others will eventually come up for reappointment.  Don’t forget these rulings before then, even if they are overturned later.
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About Larry Downes

Son, brother, husband, father, boss, mentor & friend. Believer in unfettered personal liberty. Occasional host on 93.1 WIBC in Indianapolis.

Trackbacks/Pingbacks

  1. Indiana Court Shreds the Constitution and Offers No Justice « Usually Confused - May 15, 2011

    […] King George alive and well in Indiana Supreme Court (ldownes.wordpress.com) […]

  2. Oops, that Wasn’t a Slipery Slope, It Was an Avalanche to Serfdom | I Am, Therefore I Think - May 16, 2011

    […] destruction of the Fourth Amendment last week.  There were two rulings that I posted about here. Fair warning, the writing isn’t the best, I was in the midst of a head and chest cold that […]

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