Court: No right to resist illegal cop entry into home

Thats why

I dislike this, but there is nothing any of us can do, if you shoot the intruder, you go to jail, if you let them walk all over you it keeps happening. Just another reason to move.

100% Unconstitutional. And just more grounds to instill fear. But on the other side of the coin, just another reason for more dead cops.

Most people I know, if their door is kicked in unexpectedly, regardless of who is kicking the door in, they're gonna go back out they way they came in, only 100 lbs. lead heavy!

As i said before i live in Indiana,. I had the chance to talk to a few cops last night on my shift and all of them said they do not like it because they follow orders too and if they are ordered to go to a house and just walk it...they dont know whats on the other side of the door and they all seemed to believe that there are going to be fatalities out of this...Maybe its just me but if the cops are afraid they why the hell make it a law

I just read the first post... and my face was in my hands a few moments later. Oh good god what are we coming to in this god damn country.

As long as their body armor is better than mine, so be it.

Nobody will enter my home regardless of their supposed "authority" without a properly sworn warrant.

Isn't this what we have exigent circumstances for?

This is my state. I'm embarrassed...

There is a big petition floating around, although I don't believe I can post it here b/c of the rules...

cough*google*cough

i think that is totally wrong. its against the 4th amendment. (im taking criminal justice in school we just learned about this) so yeah that is wrong.

A few years back the good ol boys of the Atlanta/Fulton Co,not sure if PD or SD,had a no-knock narc warrant with the wrong address on it.Upon entering the residence the 92 yr old woman shot one of the agents before being shot dead.check this out Elderly Woman Killed; 3 APD Officers Wounded In Shootout

POSTED: 7:41 pm EST November 21, 2006
UPDATED: 10:59 am EST November 22, 2006

ATLANTA -- Three Atlanta police officers were shot and wounded and an elderly woman killed at a house in northwest Atlanta Tuesday night.

The woman, identified by relatives as 92-year old Kathryn Johnson, opened fire on the officers from the narcotics division at a house at 933 Neal Street, according to officials. Authorities say they received a tip of drug activity taking place at the home and officers were headed to the house with a search warrant.

The woman's niece, Sarah Dozier, says that she bought her aunt a gun to protect herself and that her aunt had a permit for the gun. Relatives believe Johnston was frightened by the officers and opened fire.

Her relatives say Johnson had lived in the house for about 17 years.

"They kicked her door down talking about drugs, there's no drugs in that house. And they realize now, they've got the wrong house," Dozier said. "I'm mad as hell." Officials say they had the correct house and that the warrant they had was legal.

Assistant Chief Alan Dreher says the officers had a legal warrant and "knocked and announced" before they forced open the door. He said they were justified in returning fire when they were fired upon.

Dozier said there were never any drugs at the house. She says her aunt must have panicked when the police forced their way into the home.

She says the officers "shot her down like a dog."

The plainclothes Atlanta Police officers were transported to Grady Memorial Hospital for treatment. One officer was struck in the arm, one officer was struck in the shoulder and one officer was struck in the thigh. All are expected to recover.
this is a link to where they were indited for lying to get the warrant stopthedrugwar.org...

Originally posted by Vitchilo
Sorry, this is to big, I had to post it here.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence.

Yeah right. Of course, this ruling is GOOOOOOOOD. I mean, it help stop violence! Keep laying down in front of the government destroying and raping the constitution, that's what a good American does!

"(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Yeah right. Sue the cops. Like people have time or money to do this. 99% of people do not. And that is if you're ever gonna win...

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court's decision runs afoul of the Fourth Amendment of the U.S. Constitution.

"In my view the majority sweeps with far too 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."

Those two judges get it.

But this isn't all of it :

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.

No warrant, no knock entering of home.

Those judges are fascists bastards.

They just openly killed the fourth amendment... if it wasn't already dead (which it was).

www.nwitimes.com
(visit the link for the full news article)

edit on 13-5-2011 by Vitchilo because: (no reason given)

edit on 13-5-2011 by Vitchilo because: (no reason given)

there is only 1 way to put this; i dont care who is trying to enter MY house without permission, they will all be leaving feet first after my .45 makes their head into a canoe... in case my reference is too vague, i will shoot you in the face if you enter my house w/o permission. burglar or cop, i do not care. you will be dead, end of story.

reply to post by Vitchilo


I don't live in Indiana and now I know I don't plan to ever move there. However this is still very troubling to me. I can't help but wonder how long before all the other states decide that it sounds like a good idea? If I am getting this straight any cop at anytime on duty or off duty.In or out of Uniform. Can walk into anyones home,.At any time for any reason. Without giving any warning that they are even there. So at 1:00 am while I am in bed asleep some cop decides that he wants some P____Y he can walk in my house and if I don't like getting raped I have to take him to a civil court and sue him as a person because it was legal.. Some people might say that they would never do something like that are totally full of BS. I have seen things like this and worse when it wasn't legal. If while I am gone from home any cop can walk intom my home and legally go through my things take with him what he wants and I have to take him to court if I even know who he is to attempt to get my belongings back because it was legal. I don't believe there are very many if any other countries in the world where this is allowed by law. Maybe look the other way through corruption but we ara speaking about through law.

The real irony is that it’s going to affect the few remaining blue counties in Indiana, since that is where all the crime is. So, liberals (you know, they are always complaining about how the police discriminate against minorities) will have their homes busted into and if they resist, they can book em on that alone even if they find nothing.