COURT IGNORES U.S. CONSTITUTION AND 800 YEARS OF COMMON LAW
Think about it for a moment; the court ignored nearly 800 years of common law, dating back to the Magna Carta of 1215 – and the U.S. Constitution as well.
Justice Steven David, writing for the court: If a police officer wants to enter a home for any reason or no reason at all, a homeowner has no right to stop 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.”
The right to resist unlawful police entry is against public policy? Does anyone else find it laughable that this dopey judge actually uses the term UNLAWFUL police entry in this ridiculous ruling? And public policy? What “public policy” nullifies the U.S. Constitution?
Incompatible with modern Fourth Amendment jurisprudence? What exactly is “modern” Fourth Amendment “jurisprudence”? No Fourth Amendment rights at all, I guess.
“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.”
Resisting unlawful activity is a no-no because it escalates the level of violence? Let’s extrapolate that logic: A man about to be murdered or a woman about to be raped shouldn’t resist because it will escalate the level of violence? What planet are we on?
Maybe it’s just me; the whole thing reads more like a page out of a police-state manual than a ruling by a justice of an American court, let alone the Fourth Amendment to the 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.”
I’m no constitutional attorney, but the Fourth Amendment reads pretty clearly to me; especially the part about “oath or affirmation describing the place to be searched and the persons or things to be seized.”
As a Hoosier, the idea that “Hoosier Hospitality” now means that we must allow the police into our homes whenever they choose to “stop by” sickens me. Mussolini would be proud.