http://www.nwitimes.com/news/local/g...3df229697.html
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It's over.
Yikes. That's some terrible ruling.
Great
Wow ... so America is truly dead. :(
SCOTUS better overturn this.
Um, the right to resist unlawful entry into one's home is the one of the very basics of one's individual liberties. I hope to find some time to read that ruling.
I hate to say it out loud, but if anyone illegally enters my home they will be in a world of hurt. My home is my private domain and as such is under my protection. I will see any illegal entry to my home as a threat on my life, and the lives of my family. If this were put into law here I would either move or made it publicly known the statement above.
So according to the Indiana SC, you have no right to resist the unlawful actions of government agents because you can seek remedies via a court system administered by the very government that sponsored said unlawful actions? Again, throwing away our rights in order to 'protect' us.
The guy quoted at the end had it right. If they had wanted to permit it, they should have carefully limited it. A hot pursuit type argument. Instead they gave civilians no recourse. Very upsetting. I hope this does get overturned.
Steve
Luckily, that ruling is only valid in Indiana and most likely, will be filed in the Federal Appelate Court.
What scares me is that if the citizens of Indiana don't fight this will set a president for other sales to follow. If it can happen in the heartland, it can happen anywhere.
Wow THAT is some seriously F'd up stuff right there! Guilty until proven innocent apparently. They had BETTER fight this court decision. Then get rid of those judges.
Oh ya. You hit the nail on the head. This reeks of the garbage the Fed Govt has done in their relationships with Native American Tribes for over a hundred years now. It looks like a build up leading to an established "trust" relationship, where the citizen is in a position of child and the Fed Govt is in a position of ward.Quote:
Originally Posted by mutt
Lot of historical legalities involving Indians that show they are the canary in the coal mine when it comes to matters like these. If the Supreme Court doesn't take an appeal and spike this, it's trouble. Big trouble.
We all need to remember that we do not need the permission from another human being to protect ones property or self.
Remember that they are natural born rights.
When I read this I thought I was going to break my teeth, my jaws tightened that much. Indiana has its own Constitution and Article 11 basically mirrors the US Bill of Rights, 4th Amendment.
This ruling is in direct contradiction to Indiana's Constitution.
I think the citizens of Indiana should have the right to demand the immediate removal of these Justices from the bench.
Or physically go in and drag their pompous asses out and beat them to a lifeless pulp.
This is the kind of shit that wars are started over.
Damn straight Bert, I agree whole heartedly. I wanted to go out and scream at the top of my lungs at the injustice just put upon the citizens of Indiana. I never take it well when some self empowered asshole wipes their ass with the Constitution!
Most of the fellow 2A Hoosiers I know are pretty up in arms about this.
H.
Swell. Hope this doesn't spread here but I wouldn't count the Looper out.
Seems as though eminent domain is becoming increasingly popular among federal and state governments.
This is just another unintended consequence of the nanny state whereby you give up your rights in exchange for "security". Pretty soon the gov will be telling us how many undocumented workers we have to house.
What do the cops think about this? It makes their jobs easier, and screws the civilians, so it sounds like a win-win situation to me.
[Mad]
Wow! Not a single crazy sh#&bird in this thread stating you shouldn't be upset, if you have nothing to hide.
you guys need to cut this anti cop spew.
if you have nothing to hide you should welcome them in and thank them for their service.
and if you don't want them in your home then, well... you must have something to hide.
Scary.
I guess I better join the force so I can feel free/safe in my own home...
Quote:
Originally Posted by Jumpstart
Good call, I might have to join you. Welcome to Amerika.
No way this makes it past the Federal Court of Appeals. There is far too much case law precedent going the other way.
Bad law from the bench. I still have faith that with time these two rulings will be overturned. No one, not even learned judges are perfect. These rulings are obvious examples.
It is a very disturbing ruling. I might understand what one poster said about the "hot pursuit" or something in action but a blanket anytime/no reason?
Quote:
Originally Posted by cstone
Now I am not an overly learned man but even I can understand this:
Quote:
Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
PREAMBLE.
TO THE END, that justice be established, public order maintained, and liberty perpetuated; WE, the People of the State of Indiana, grateful to ALMIGHTY GOD for the free exercise of the right to choose our own form of government, do ordain this Constitution.
ARTICLE 1.
Bill of Rights.
Section 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
Quote:
Originally Posted by Elhuero
[ROFL1] Yes come in and shoot my dog and go through my stuff anytime you want. Hey wanna stay for dinner? Just dont shoot me 71 times please [Beer] I think this is more anti law/lawmaker then anti cop?
Are we all going to be required to have fresh coffee and donuts available at all hours of the day now for those who "stop in"?Quote:
Originally Posted by trlcavscout
[Coffee]
....you want spend some time with my wife too? [Mad][Mad]Quote:
Originally Posted by colocowboy01
The incident that this came from, didn't one of those police officers also shoot the homeowner in the back (and kill him) while he tried to ride away on a bicycle? I swore the first time I read about this story, that was how it ended, but I'm not sure. Anyone remember?
All I'm going to say is that I think it is a really bad ruling by the Indian Supreme Court and I have no doubt, giving the implications of the ruling, the dissenting opinions, and the precedent of case law before it that this will be appealed. I certainly don't agree with the ruling at all.
As for Colorado (and I would assume other states as well) there are really specific guidelines that an officer must follow before entering a home without a warrant and in many of those cases a warrant will still be needed.
That's all I have to say on that because I can see already the anti-police BS is already starting, even though probably all the LEO's are gonna be thinking the same thing the non-LEO's are.
I'm probably one of those that would get labeled a "cop basher" around here and even I can see how rulings like this actually make the lives of cops HARDER and not easier.Quote:
Originally Posted by KevDen2005
Well lets hope they're more vocal in their opposition to this ruling. While I agree that the vast majority of cops aren't going to like it any more than we do, there is still always a contingent that sees the constitution as an impediment (and those guys make it that much harder for the good cops).Quote:
...even though probably all the LEO's are gonna be thinking the same thing the non-LEO's are.
I hope people don't take this as an anti cop thread. It's not, it is an anti lawmaker thread. This is a blatant case of lawmakers abusing their power. And wiping their ass with the Constitution.
Quote:
Originally Posted by CMP_5.56
I think the implications are even more than that...the branch of government that is supposed to interpret the right or wrong of something acted as a legislature, which is why this needs to go to the US Supreme Court
the ruling is off, but i have to say that the incident that spurred it on was also off.
if the police officer is there to investigate a domestic violence complaint there is no way they are going to take the husbands word that the wife is ok and doesn't need their help.
in that instance i would say the cop is in the right to enter the home.
now no defense against any entry by LEO is way off.
Quote:
Originally Posted by rockhound
I see what you are saying and given very little information, the officer could have entered upon exigent circumstances, even if only in the entry way to check the welfare of both parties, then left without causing further problems, but for some reason the court ruled that is was okay for officers to enter no-matter what and if they are wrong just fight it in court later...I disagree with that notion.
In before cop-bashing thread locked.
I came her today to post this crazy story that comes right out of Europe, not something you would expect from an American town or state and I cant believe some of you damn fools, so damn eager to give up another of your liberties.
Amendment 4:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
This one they are not even sneeking in with some little breach of the 4th that most people are willing to accept, like a dui check point, this is the whole enchilada.
Come the hell on, really, your giving up the 4th amendment.
I wouldn't say anyone is giving it up, it is being taken away from them. We will see how hard the folks from Indiana fight this one.Quote:
Originally Posted by jim02