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4th Admendment trashed in Indiana

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  • #1

    4th Admendment trashed in Indiana

    Indiana supreme court trashes the US Constitutions 4th amendment.

    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.

    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.

    I doubt if they (the cops) will abuse this new power though...I'm sure they will use their best judgement before knocking down your door......smiles...yeah....right...

    Say goodnight Gracie....the sun is setting on this movie....

    CF
    Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.
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  • #2
    The right to protection from unlawful entry is still there, it's the right to resist to an unlawful entry that has been struck down.

    I'm on the fence on this one.

    http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html
    Last edited by jeebus; 05-14-2011, 02:45 PM.
    Experiencing an aquatic renaissance!

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    • #3
      Paint it any color you want......one by one....our rights are being striped away.....next they will be coming for our guns.....

      CF
      Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.

      Comment

      • #4
        Since when do we have the right to resist the police? (Constitutional answers only please!)
        Experiencing an aquatic renaissance!

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        • #5
          since the US Constitution, and the Bill of Rights....Look into them...i think you will find out we have the right (or used to) to refuse/resist the police in several circumstances depending upon where we where and what we are doing at the time.....

          I'm pretty sure, that if you and I are driving along the road to grandmas house Glen, and we have not broken the speed limit or any laws, that we are aware of, and get pulled over by the law, they can make certain requests of us, mainly the driver, but they have limits (or used to) as to how far their questions and search can go without violation of our 4th admendment rights that USED TO protect us against unlawful search and arrest.

          You have the right (or used to) to refuse them permission to search your vehicle, wihout some grounds to merit the act in plain sight. Have you never watched an episode of COPS on tv....have you not noticed that when the cops pull someone over and question them, that they will (usually) ASK them for their permission to conduct a search? Or, how about the fact that when they go to someones house to conduct a search, they KNOCK first and announce that they are law enforcement officers and that they have a search warrent....??

          FOURTH AMENDMENT [U.S. 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.'


          Again, this country is on its last leg as I see it, but I'm just one guy.....right....

          CF
          Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.

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          • #6
            Correct. You have the right to refuse to be searched under your 4th amendment right. However, resisting any unlawful search is also illegal, as you are now obstructing an official investigation. Whether all elements of that official investigation are proper or not, is for the court to decide.

            I still have faith in the justice system.
            Experiencing an aquatic renaissance!

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            • #7
              Does the fact that law enforcement my conduct "unlawful" activities seem a bit strange to you?

              My intrepretation of unlawful means to me that the police may do anything they want or pretty close to at this point....

              Question: so what good are the Bill of Rights or the U.S. Constitution any more if law enforcement now has court approval to ignore them ?

              Give an inch, they'll take a mile.....

              CF
              Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.

              Comment

              • #8
                To give them that inch would be that the court ruled that a LEO has the right to conduct unlawful searches. That is not the case. All that's been re-affirmed in this ruling is that you have no right to physically resist an unlawful search if a police officer incorrectly chooses to conduct one. It's the panel's belief that if a LEO does conduct an unlawful search any decent attorney will quickly have it thrown out in court.

                I would be mad as hell if a cop conducted an illegal search of my property - but I'd be a damn'd fool to try and physically stop him from doing so, negating my upper hand in court. Like I said, I still have faith in the justice system. Is it perfect? Hell no. Is it one of the most functional in the free world though? Hell yes. To be perfect would to not be human.
                Experiencing an aquatic renaissance!

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                • #9
                  I'm not interested in debating the symantics of this new ruling, what I am concerned about is the deteriation of this country's founding principles.....first they say we can't have any reference to religion in shools and government offices, then it's in our best interest to permit phone tapping and open surveilance on the public using camera's in public places, next, you have to submit to a radiation bath to fly or suffer a humiliating groping by TSA agents, it's not going to stop until we...the people put our foot down and make them.....

                  I hear they already have a new dollar coin out in circulation with George Washington on the face, but now, it no longer contains the words "IN GOD WE TRUST"....
                  I will refuse to accept that dollar if one is ever offered to me.

                  CF
                  Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.

                  Comment

                  • #10
                    I'm not bothered by open surveillance in public areas because they are public. I'm not sure what right to privacy you would hope to have in a public area?

                    I can agree 100% that the TSA is a joke however.

                    Not sure about any new coins. Oh wait: http://www.snopes.com/politics/religion/dollarcoin.asp False alarm.
                    Experiencing an aquatic renaissance!

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                    • #11
                      It boils down to our rights, they are intruding and or even doing away with them in some cases.....it will mean in the not to distant future, you will not have any rights.
                      Like the Apple phone....they know where you are now and they can even tap into your phone should they have ANY reason....don't you understand, the new AlQuieda is the average american citizen now....but ...who cares huh?

                      CF

                      OH...thanks for the snope thingie...
                      Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.

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                      • #12
                        I blame technology.
                        Experiencing an aquatic renaissance!

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                        • #13
                          I don't really blame anyone....as a group.....we americans are responsible for our own actions, but are we reponsible for the actions of our government? I guess we are.....It really needs fixin.

                          CF
                          Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.

                          Comment

                          • #14
                            Originally posted by CichlidFan View Post
                            I hear they already have a new dollar coin out in circulation with George Washington on the face, but now, it no longer contains the words "IN GOD WE TRUST"....
                            I will refuse to accept that dollar if one is ever offered to me.

                            CF
                            Every dollar refused can be given directly to me, please. Thanks.
                            Tell your boss you need to go home to take care of your "cichlids." It sounds an awful lot like "sick kids." )

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                            • #15
                              Originally posted by TonyO View Post
                              Every dollar refused can be given directly to me, please. Thanks.
                              Oh....i just had an episode of deja vu......Now where have I heard that one bfore.....??? HUmmmmm...

                              CF
                              Truth is the cement that holds the bricks and stones of a sane and civilized society together. Remove the former and the latter will crumble.

                              Comment

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