In sum, we hold that Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.And though Kentucky might have outmaneuvered them by allowing evidence obtained via unwarranted search and seizure.
The police certainly aren't being very low-profile in claiming "if we need to do house to house searches we will". Wait a minute? I've heard of house-to-house searches in other times, like in 1933 after Adolph Hitler was named Chancellor of Germany, I wonder how that turned out?
Certainly citizens have complained but that is being met with:
Justice Steven David, appointed by Governor Mitch Daniels wrote that under “modern” (post-PATRIOT-Act) jurisprudence, Hoosiers must submit to the violent force of any and all UNLAWFUL searches instigated by law enforcement. The court justifies such intrusion due to individuals having better access to courts, than at the elevation of the right to common-law.OK, wonderful! Cite an unlawful document like the PATRIOT-Act now, but you have in fact not mentioned it in the judgement... The PATRIOT-Act was never meant to be permanent (it probably has become permanent anyway). However, the wording of this judgement creates 'precedent' without also introducing the PATRIOT-Act into 'aggravating factors' behind the courts decision. The law could just have irrevocably changed, at least as far as my understanding of the law goes... which is mostly limited to 'Law & Order' and 'Night Court' so feel free to enlighten me.
All you (Indiana) need to do now is add an allowance to bust down the door 'if they smell marijuana or hear sounds that are suggestive of destruction of evidence.' like Kentucky has and you are all set... I'm waiting to hear if the PATRIOT-Act is behind that logic also... Since I cannot think of any way to implicate weed with planning and committing acts of terrorism (a night raid on the Doritos factory, maybe. Terrorism, no.).
dirtykid Says:Heck, then the entire state could simply outlaw the use of doors altogether...
May 17th, 2011 at 5:59 am
“or hear sounds that are suggestive of destruction of evidence.“???! Like the vacuum cleaner, blender, garburator, paper shredder, dishwasher, toilet flushing, shower, bleach bottle being opened, or the delete key being pressed?? I can think of ways to destroy evidence with all of these things, and I’ve never yet had any evidence that needed destruction on my person…
... And don't get me started on Tennessee.
May 18th 2011 08:58
Never mind which state, I had not yet read that it's in fact all of them.