TeeJaw Blog

Reconciling the Irreconcilable In Indiana

Posted in Government and Politics by TeeJaw on Monday, May 16, 2011, 11: 05 PM

Can anyone reconcile the following statements?

First this from the Indiana Supreme Court, in Barnes v. State of Indiana, May 12, 2001:

We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action….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—as evident by the facts of this instant case….Further, we note that a warrant is not necessary for every entry into a home. For example, officers may enter the home if they are in ―hot pursuit of the arrestee or if exigent circumstances justified the entry.

The fourth Amendment to the United States Constitution:

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.

Section 11 of the Indiana Constitution:

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.

From The Magna Carta, 1215:

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

Is their a right to resist unlawful rulings by judges?

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One Response

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  1. […] The Indiana Supreme Court ruled recently that citizens do not have the right to resist unlawful entry into their homes by police, contrary to the 4th Amendment of the U.S. Constitution, Section 11 of the Indiana Constitution, and even the Magna Carta (1215). See Reconciling The Irreconcilable in Indiana. […]


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