Indiana High Court Rules People Cannot Resist Illegal Entry by Police Into Homes

[Alex V]

http://www.foxnews.com/politics/2011/05/15/indiana-high-court-rules-people-resist-illegal-entry-police-homes/

This kinda concerns me. Does this mean a cop can just come into my home without cause and search my sh*t? If he asks to enter, I ask for a warrant, he sais she does not have one then just moves me aside and barges in; it's cool?

??

[montanadave]

I predict a short life expectancy for this thread.

And the decision worries me as well.

[warpigM-4]

sounds Like there will be some Busy Lawyers In that state Before to Long

[CoryCop25]

This actually makes a lot of sense.....

What they are saying is that if police enter your home ILLEGALLY, the citizen is not allowed to RESIST, meaning use force either actively or passively.

If you just let them do what they came to do, if they do find something illegal, it has become fruit of the poisonous tree and will not be held against you. For example, police enter your home illegally with out a warrant and or exigent circumstances and they find a bag of dope. Because they entered illegally, you can not be charged with possession of drugs.

All this law states is you can not fight with the police during entry. It's a no brainier. Let them in, let them find whatever they want and it won't matter because it will be tossed out in court. If you don't have anything illegal, you can EASILY work that out in CIVIL court.

[armakraut]

The more you resist, the more they beat you.

If the search is not legal, the evidence will be thrown out. Fruit of a poisonous tree.

[chadbag]

Whether this ruling makes sense or not, I would think that if the police KNOW they are making an illegal entry, (ie asked for warrant and refuse and have no other compelling reason) they are opening themselves up to prosecution or at least liability of some sort. Acting illegally "under the color of law" etc.

[JackOSU]

I'm with Justices Rucker and Dickson on this one.

Too much politically motivated interpretations of the 4A are at work here to nudge that thing called the Constitution aside for their wanting to give us a false sense of security and safety.

[FromMyColdDeadHand]

The mods must be asleeep!

What I read about it was not so much that LEOs can just go anywhere they want, it was more if they break into the wrong house or the info the warrant is based on is wrong, you don't have the right to resist. I didn't take it that they could do warrantless searches with impunity.

There was a second part about the LEOs get to decide if it should be no-knock, not the judge? It has to be more complex than that, why ever knock again?

[SWATcop556]

Not asleep. Getting my ass handed to me at work.