The Indiana Supreme Court has ruled that the people of Indiana have no right to resist unlawful entry from law enforcement into their homes.
In a 3-2 decision, Justice Steven David writing the official response for the court stated if a police officer wants to enter a home for any or even for no reason, a homeowner or any other person can not do anything to resist or block the officers entry into a private home.
“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 resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties without preventing the arrest.”
David says that a person arrested following a unlawful entry by police can still be released on bail and will be given ample opportunities to protest the illegal entry through the court system. In other words, get arrested, go to jail, hopefully get bail set, hopefully be able to afford bail, hire a lawyer, take more time off from work and hopefully win your case.
Justice Robert Rucker and Justice Brent Dickerson, dissented from the ruling saying the court’s decision goes against the Fourth Amendment of the US constitution.
Rucker wrote, “In my view the majority sweeps with far to broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally — that is, without the necessity of a warrant, consent or exigent circumstances,” Rucker said. “I disagree.”
More:
Why stop at houses? Why shouldn’t police assume they will be covered for car stops and sidewalk stops? Hi, I’m going to handcuff you for my safety, search and confiscate, and if you don’t like it, pay a lawyer.