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Thread: 4th Amendment is GONE!

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    Default 4th Amendment is GONE!

    http://www.nwitimes.com/news/local/g...3df229697.html

    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.

    While we were watching the destruction of the First and Second Amendments, the court just snatched away the 4th!

    If anyone is optimistically considering that this just applies in Indiana better think again. This will be used in precedent over and over again.



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    I'm speechless. Wow.

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    No matter what the accusation, no matter how widespread the belief is of your guilt, an officer cannot break in to your home without a warrant from a judge. Judges are known to write up warrants in the middle of the night, so there's no excuse to destroy the system of checks and balances against tyranny.

    I hope this gets struck down, and the sooner, the better.



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    Fortunately for cops, I do not live in Ain'tnothinhappenin-is.

    That ruling should be sufficient grounds for removal from office for that judge, no error.

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    When police break the law, people have the right to fight for survival. I foresee plenty of doughnut eaters (dumbasses with a badge) being blown away when they attempt an illegal entry or entry for no reason.

    I also predict the moron in black robe who crapped this out will find himself looking for another job.

    This also makes me curious as to what the Ninth Circus would say to this.

  6. #6


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    Quote Originally Posted by MrSanity View Post
    No matter what the accusation, no matter how widespread the belief is of your guilt, an officer cannot break in to your home without a warrant from a judge. Judges are known to write up warrants in the middle of the night, so there's no excuse to destroy the system of checks and balances against tyranny.

    I hope this gets struck down, and the sooner, the better.
    That's the way it WAS at one time. Those chips in the Constitution are getting bigger. I have no doubt that this ruling will be affirmed, even though it is clearly CLEARLY not Constitutional.

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    Quote Originally Posted by Kathy64 View Post
    That's the way it WAS at one time. Those chips in the Constitution are getting bigger. I have no doubt that this ruling will be affirmed, even though it is clearly CLEARLY not Constitutional.
    Lead and gunpowder make a good epoxy for the Constitution's chips. The dictatorial monkeys had better hope they do not need to be reminded what Amendment protects their asses.



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    This will never stand on appeal.

    DEUS VULT!
    I'll See Your Jihad and Raise You One Crusade



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    Default Re: 4th Amendment is GONE!

    re:
    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.
    Assuming no warrant, does the 4A give the homeowner a protected right to resist?

    If a rouge cop kicks in your door with no warrant and you tap him twice in the forehead does The Castle Doctrine apply or does the court's latest derision that you have no right to resist apply?

    Common sense tells you to state your 4A rights but otherwise cooperate with the illegal search and seizure - then hire a good lawyer familiar with Constitutional Law. But if in the heat of the moment should a citizen resist, I believe it is still defensible unless and until 2/3 of the States ratify an Amendment.

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    Quote Originally Posted by Tea Party Patriot View Post
    re:


    Assuming no warrant, does the 4A give the homeowner a protected right to resist?

    If a rouge cop kicks in your door with no warrant and you tap him twice in the forehead does The Castle Doctrine apply or does the court's latest derision that you have no right to resist apply?

    Common sense tells you to state your 4A rights but otherwise cooperate with the illegal search and seizure - then hire a good lawyer familiar with Constitutional Law. But if in the heat of the moment should a citizen resist, I believe it is still defensible unless and until 2/3 of the States ratify an Amendment.
    And if the police turn out to be wrong, then its hosts will pay for the lawyer and court costs and property damages. In the case of innocent blood having been shed by the rogue police, I won't say what the sequel might be.
    Last edited by Wolf Counsel; 05-14-2011 at 01:39 AM.

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