Friday, May 13, 2011

The Indiana Supreme Court says "Oh, that Constitution thingie

only counts when we like it."
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.

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.

“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.”

David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.
To the Indiana Supremes majority: fuck you. And your mother. You miserable little pigs.
“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,” my ass; a police officer illegally entering my home is just like any other lawbreaker, period. These bastards have declared the police to be above the law because 'it's good for public policy'. Only if you like the peasants defenseless and subdued.

From the decision: In the 1920s, legal scholarship began criticizing the right as valuing individual liberty over physical security of the officers. Translation: "We want the police to be able to act in any way they choose without having to worry about that individual liberty or 'a man's home is his castle' thing; it offends us that they can't do this." Got news for you assholes: this country was in large part FOUNDED on that individual liberty idea; and we're not giving it up because some asshole lawyers don't like it.

From a comment at Tam's : Indiana: Less free than Midevel England.

1 comment:

Phssthpok said...

Title 18 sec 241 USC

Apply liberally as needed.