It has finally happened! After years of chipping away at our 4th Amendment rights, a court in Indiana has finally admitted the truth with a 3/2 ruling that simply stated, the people of Indiana have no legal right to prevent government agents from entering their home at will. The ruling was the result of a case where the police entered an apartment after following a couple that indicated that they needed no further assistance from the police. The husband protested and after being moved aside by the police, he defended himself by pushing aside the police officer against a wall to prevent his further entry into the home. The officer’s partner then used his taser to subdue the husband whom then taken into custody for assault upon a police officer. In this ruling the court indicated that the previous standards by which officers could enter a home without a warrant were no longer valid and in the interests of public safety and modern interpretation of our 4th Amendment rights the use of home owner consent or exigent circumstances we no longer needed. The court also indicated that any individual who felt they were wronged still had the option of a civil suit against the officer, but that individual’s ability to reasonably resist the intrusion by government officials were against good government policy.
The 4th Amendment states that:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (read more here)
Redgage picture of the day----orange flower
Enjoy!
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