Indiana Supreme Court Takes Away 4th Amendment Rights!!

The Issue

Indiana Supreme Court Strips 4th Amendment Right Away From Citizens.

Remember the Revolutionary War? One of the many reasons it happened was because British soldiers, under British rule, were allowed to search and seize colonists' homes using broad warrants, and American colonists had virtually no right to resistance. When the so-called 'writs of assistance' were challenged in a 1754 court, a Boston lawyer named James Otis represented the colonists pro bono, and gave a speech that a then-25-year-old John Adams later called 'the spark in which originated the American Revolution." In 1791, the Fourth Amendment, protecting citizens against unlawful search and seizure, was added to the Constitution, but the concept of privacy in one's home actually dated back to a 1604 common law.

Which is to say the Indiana Supreme Court's new ruling is archaic by at least 400 years, and undermines one of the most important aspects of the Bill of Rights.

PEOPLE NOW HAVE NO RIGHT to resist if police officers illegally enter their home, thanks to the bonehead, 15th century morons at the Indiana Supreme Court. Their recent decision overturns centuries of common law.

The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said.

"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."

 

 

Finally, lest there be any question as to what the Indiana Supreme Court meant to do, it stated “In sum, we hold that [in] Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.”

 

 

This is clearly outrageous and clearly unconstitutional, but it gets even worse; in a different ruling last week, the Indiana Supreme Court ruled that 'police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Previously, police serving a warrant had to obtain a judge's permission to enter without knocking.'

Let's hope all the purported Constitution-loving Republicans pile on this one, because it so clearly attacks an essential desire of the Founding Fathers, it's sickening.

GIVE ME BACK MY FORTH ADMENDMENT RIGHT TO PROTECT MYSELF AND MY HOME!!

** SEND THIS TO EVERYONE YOU KNOW! WE NEED TO TELL THE INDIANA SUPREME COURT THAT WE DO HAVE A RIGHT TO PROTECT OURSELVES AND OUR HOMES!

avatar of the starter
Back Our BluePetition StarterAnimal lover in Las Vegas Nevada. #BackOurBlue #BlueLivesMatter
This petition had 278 supporters

The Issue

Indiana Supreme Court Strips 4th Amendment Right Away From Citizens.

Remember the Revolutionary War? One of the many reasons it happened was because British soldiers, under British rule, were allowed to search and seize colonists' homes using broad warrants, and American colonists had virtually no right to resistance. When the so-called 'writs of assistance' were challenged in a 1754 court, a Boston lawyer named James Otis represented the colonists pro bono, and gave a speech that a then-25-year-old John Adams later called 'the spark in which originated the American Revolution." In 1791, the Fourth Amendment, protecting citizens against unlawful search and seizure, was added to the Constitution, but the concept of privacy in one's home actually dated back to a 1604 common law.

Which is to say the Indiana Supreme Court's new ruling is archaic by at least 400 years, and undermines one of the most important aspects of the Bill of Rights.

PEOPLE NOW HAVE NO RIGHT to resist if police officers illegally enter their home, thanks to the bonehead, 15th century morons at the Indiana Supreme Court. Their recent decision overturns centuries of common law.

The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said.

"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."

 

 

Finally, lest there be any question as to what the Indiana Supreme Court meant to do, it stated “In sum, we hold that [in] Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.”

 

 

This is clearly outrageous and clearly unconstitutional, but it gets even worse; in a different ruling last week, the Indiana Supreme Court ruled that 'police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Previously, police serving a warrant had to obtain a judge's permission to enter without knocking.'

Let's hope all the purported Constitution-loving Republicans pile on this one, because it so clearly attacks an essential desire of the Founding Fathers, it's sickening.

GIVE ME BACK MY FORTH ADMENDMENT RIGHT TO PROTECT MYSELF AND MY HOME!!

** SEND THIS TO EVERYONE YOU KNOW! WE NEED TO TELL THE INDIANA SUPREME COURT THAT WE DO HAVE A RIGHT TO PROTECT OURSELVES AND OUR HOMES!

avatar of the starter
Back Our BluePetition StarterAnimal lover in Las Vegas Nevada. #BackOurBlue #BlueLivesMatter

The Decision Makers

Former State Senate
13 Members
Jim Arnold
Former State Senate - Indiana-8
Dennis Kruse
Former State Senate - Indiana-14
Joseph Zakas
Former State Senate - Indiana-11
Indiana State Senate
3 Members
Ed Charbonneau
Indiana State Senate - District 5
Travis Holdman
Indiana State Senate - District 19
Ryan Mishler
Indiana State Senate - District 9
IN State Senate
2 Members
Sue Glick
Former IN State Senator
Lonnie M. Randolph
Former IN State Senator
Jim Baird
U.S. House of Representatives - Indiana 4th Congressional District
Mike Pence
Former Governor - Indiana

Petition Updates