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Judge wipes his ass with the 4th amendment

Started by Prince Glittersnatch III, May 14, 2011, 05:05:56 AM

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Prince Glittersnatch III

May 14, 2011, 05:05:56 AM
http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

Quote
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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Mesozoic Mister Nigel

#1
May 14, 2011, 05:12:11 AM
 :horrormirth:

I remember years ago when I was a young would-be revolutionary, and I said "This country is becoming a police state!" and people said "Oh, don't be silly... the US will never be a police state."
"I'm guessing it was January 2007, a meeting in Bethesda, we got a bag of bees and just started smashing them on the desk," Charles Wick said. "It was very complicated."

Cardinal Pizza Deliverance.

#2
May 14, 2011, 05:32:52 AM
I'd like to see how that works out in Texas. Or parts of Missouri. You get in the boonies out there and shit gets weird.
Weevil-Infested Badfun Wrongsex Referee From The 9th Earth
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"The only way we can ever change anything is to look in the mirror and find no enemy." - Akala  'Find No Enemy'.

Requia ☣

#3
May 14, 2011, 06:23:17 AM
From the same fucking article...

Quote
On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.

Do they schedule a whole week in advance to shitting on the 4th, or is it coincidental?
Inflatable dolls are not recognized flotation devices.

Nast

#4
May 14, 2011, 06:54:29 AM
So...what if they come in wanting snacks? Is it unlawful to say, "Oh I'm terribly sorry, but I'm fresh out of saltines! You should have dropped in on Thursday."?
"If I owned Goodwill, no charity worker would feel safe.  I would sit in my office behind a massive pile of cocaine, racking my pistol's slide every time the cleaning lady came near.  Auditors, I'd just shoot."

Thurnez Isa

#5
May 14, 2011, 06:57:19 AM
Quotea right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence

Good to know that it's the fourth amendment that is wrong and not the "public policy"
Through me the way to the city of woe, Through me the way to everlasting pain, Through me the way among the lost.
Justice moved my maker on high.
Divine power made me, Wisdom supreme, and Primal love.
Before me nothing was but things eternal, and eternal I endure.
Abandon all hope, you who enter here.
Dante

The Good Reverend Roger

#6
May 14, 2011, 07:11:29 AM
HAHAHA!  I TOLD ALL OF YOU FUCKERS THIS WAS COMING, WAY THE HELL BACK IN 2003!
" It's just that Depeche Mode were a bunch of optimistic loveburgers."
- TGRR, shaming himself forever, 7/8/2017

"Billy, when I say that ethics is our number one priority and safety is also our number one priority, you should take that to mean exactly what I said. Also quality. That's our number one priority as well. Don't look at me that way, you're in the corporate world now and this is how it works."
- TGRR, raising the bar at work.

Slyph

#7
May 14, 2011, 07:14:13 AM
Are you allowed to leave the door closed? Can you retroactively sue, or get evidence thrown out?

The Good Reverend Roger

#8
May 14, 2011, 07:15:16 AM
Quote from: Slyph on May 14, 2011, 07:14:13 AM
Are you allowed to leave the door closed? Can you retroactively sue, or get evidence thrown out?

Not the point.  The 4th amendment protects against unreasonable search and seizure, not just results of a bad search being used against you in court.
" It's just that Depeche Mode were a bunch of optimistic loveburgers."
- TGRR, shaming himself forever, 7/8/2017

"Billy, when I say that ethics is our number one priority and safety is also our number one priority, you should take that to mean exactly what I said. Also quality. That's our number one priority as well. Don't look at me that way, you're in the corporate world now and this is how it works."
- TGRR, raising the bar at work.

Slyph

#9
May 14, 2011, 07:17:26 AM
Oh no, I wasn't trying to justify it, you're right... I just wanted to know what my options were  :horrormirth:

The Good Reverend Roger

#10
May 14, 2011, 07:17:57 AM
Quote from: Slyph on May 14, 2011, 07:17:26 AM
Oh no, I wasn't trying to justify it, you're right... I just wanted to know what my options were  :horrormirth:

"Bend over and smile."
" It's just that Depeche Mode were a bunch of optimistic loveburgers."
- TGRR, shaming himself forever, 7/8/2017

"Billy, when I say that ethics is our number one priority and safety is also our number one priority, you should take that to mean exactly what I said. Also quality. That's our number one priority as well. Don't look at me that way, you're in the corporate world now and this is how it works."
- TGRR, raising the bar at work.

Adios

#11
May 14, 2011, 05:46:24 PM
Quote from: The Good Reverend Roger on May 14, 2011, 07:11:29 AM
HAHAHA!  I TOLD ALL OF YOU FUCKERS THIS WAS COMING, WAY THE HELL BACK IN 2003!

SCOTUS should kick the hell out of this. In todays America™ I can't feel confident. States cannot individually override the constitution.

Requia ☣

#12
May 14, 2011, 05:50:36 PM
That would require SCOTUS to have the balls to make a ruling at all.
Inflatable dolls are not recognized flotation devices.

Jenne

#13
May 14, 2011, 06:23:35 PM
Quote from: Lord Glittersnatch on May 14, 2011, 05:05:56 AM
http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

Quote
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."



ATTN PD:  THIS HAS ALREADY BEEN HAPPENING.

It's just now de jure.

Elder Iptuous

#14
May 14, 2011, 06:41:58 PM
'just'?!
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