The Indiana Supreme Court Did What???
Fourth Amendment of the Constitution:
“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.”
This no longer applies in the state of Indiana. On Thursday, the Indiana Supreme Court ruled that Hoosiers have no right to resist unlawful police entry into their homes. Any Hoosiers out there, I hope you’re reading this because you just lost the right to safety and security in your own 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.” (emphasis mine)
So if a police officer wants to, they can walk through your front door any time they feel like it. They don’t have to have a reason. If you resist against this, YOU get arrested.
And no, they don’t even have to knock. The same Indiana Supreme Court had thrown out that little piece of common courtesy earlier in the week.
I guess the “public policy” thing is supposedly “what’s best for society as a whole”, right? Where have we heard that one before? And the “modern” jurisprudence translates into the “living Constitution” interpretation…you know, that totally insignificant document on which the laws of our entire nation were originally structured that some modern-day intellectuals seem to believe is so archaic that they have to put their own new interpretations on it every time they get a chance.
This is unlawful entry that is being sugar-coated to make it seem lawful by the judicial branch negating what was written in the Constitution.
I hope Hoosiers will push through appeals and beyond as hard as they can.