Andy R Posted May 23, 2011 Share Posted May 23, 2011 I'm from Indiana... Sheesh what's next? My link So it's OK for the police to enter my home illegally??? My thought is as long as I don't "resist" couldn't I call the police on the police for illegal entry (no probable cause, no warrant) and trespassing? This is probably too political but thought I would give it a shot... Link to comment Share on other sites More sharing options...
flyingarmadillo Posted May 23, 2011 Share Posted May 23, 2011 It will end up in the US Supreme Court where it will hopefully be over turned. Link to comment Share on other sites More sharing options...
Silenced Fred Posted May 23, 2011 Share Posted May 23, 2011 I'm from Indiana... Sheesh what's next? My link So it's OK for the police to enter my home illegally??? My thought is as long as I don't "resist" couldn't I call the police on the police for illegal entry (no probable cause, no warrant) and trespassing? This is probably too political but thought I would give it a shot... From what ive heard, they have problems with people impersonating police officers because now, citizens can't do anything to resist them Link to comment Share on other sites More sharing options...
Searcy Posted May 23, 2011 Share Posted May 23, 2011 The needs to be overtourned fast Link to comment Share on other sites More sharing options...
damian Posted May 23, 2011 Share Posted May 23, 2011 I followed this case....I follow a lot of cases.....I spend 20 hours a week on law...... Link to comment Share on other sites More sharing options...
Andy R Posted May 23, 2011 Author Share Posted May 23, 2011 The guy that was charged and caused this mess was in the wrong for sure. When a domestic violence report has been submitted to the police they have reasonable and probable cause to enter a home ( which you have no right to resist) to ensure that there is no one in eminent danger but the Indiana Supreme Court went overboard of course. My Step father is a retired police officer and I have no issues with policemen doing there duty and understand the danger of their jobs. This is just a bad, bad, BAD, decision on the Indiana Supreme Courts wording and ruling.... UGLY..... Link to comment Share on other sites More sharing options...
cookieman15061 Posted May 23, 2011 Share Posted May 23, 2011 Common sense died long ago. Link to comment Share on other sites More sharing options...
G McBride Posted May 23, 2011 Share Posted May 23, 2011 There is a lot of actions against this already. Didn't take the elected officials long to realize we had a bad law that needs to be overturned. Link to comment Share on other sites More sharing options...
Andy R Posted May 23, 2011 Author Share Posted May 23, 2011 There is a lot of actions against this already. Didn't take the elected officials long to realize we had a bad law that needs to be overturned. Yeah, I saw that they were looking at some kind of over-ruling on this but also heard it could take a year or more to do. It's just the nincompoops that thought this was a viable idea to begin with that kills me... As mentioned before this opens up a can of worms for thieves and murders to enter your home ( your person, or your car) under a false guise as well as the potential abuse of power... Link to comment Share on other sites More sharing options...
stein Posted May 23, 2011 Share Posted May 23, 2011 This law is not even legal in itself. For one, it contains wording that of police "illegally" entering a home. That can not work in a law, because police can NOT illegally enter a home. Also, the judges reasons are contradictory to his stated intent. If dealing with police entering illegally is something to be dealt with in the courts, this new law just made that impossible, by giving the right for police to enter illegally. DUH!! Some laws already exist. I think the real issue is how we can have judges making these kind of rulings, and why they are judges. Link to comment Share on other sites More sharing options...
MrNylon Posted May 23, 2011 Share Posted May 23, 2011 That doesn't sound to great at all Andy. Link to comment Share on other sites More sharing options...
fl00dsm0k3 Posted May 23, 2011 Share Posted May 23, 2011 Common sense died long ago. sad but true Link to comment Share on other sites More sharing options...
Andre S Posted May 23, 2011 Share Posted May 23, 2011 sad but true Yup...common sense is not so common. Link to comment Share on other sites More sharing options...
BigKahune Posted May 23, 2011 Share Posted May 23, 2011 . It's sickening to see how our rights have eroded since the government passed the Homeland Security Act - warrantless searches, wire-tapping, seizures, etc, etc, etc. Enforcement agencies like the police, FBI, CIA, etc, are thinking they ought to be able to do anything they like without judicial oversight, and now it appears the judicial branch is agreeing with them. Cause for concern to say the least. Link to comment Share on other sites More sharing options...
tazzboy Posted May 23, 2011 Share Posted May 23, 2011 ahh don't hold your breath guys on the Supreme Court you might want to read this Supreme Court 4th Amendment Ruling. Link to comment Share on other sites More sharing options...
damian Posted May 23, 2011 Share Posted May 23, 2011 Indiana is considering allowing TSA personell to enter citizens' homes to search for bottles of shampoo and conditioner over four ounces, and for prostate health............ ....... Link to comment Share on other sites More sharing options...
retrosurfer1959 Posted May 23, 2011 Share Posted May 23, 2011 Yet another reason to stay away from Indiana. AT least in Arizona gun laws are simple everybody has a gun and anyone can carry a concealed weapon helps keep people polite. Police with a warrant or as part of a dangerous crime in progress have a right to enter a home anything else is a home invasion. Link to comment Share on other sites More sharing options...
Bender 4 Life Posted May 23, 2011 Share Posted May 23, 2011 Common sense died long ago. couldn't have said it any better cookie !! back in the '70's the local PD kicked in my cousins (admittedly a dope dealer) door and raided his house.(owned by my aunt) 1st time they did $3,000 damage, 2nd time $6,000 damage to the house, literally tore it apart looking for his stash, and found absolutely nothing (it was there, they just couldn't find it). both times my Aunt took the city to court, and they had to pay for all the damage, pay her attorney, PLUS punitive damages. Link to comment Share on other sites More sharing options...
damian Posted May 23, 2011 Share Posted May 23, 2011 Yet another reason to stay away from Indiana. AT least in Arizona gun laws are simple everybody has a gun and anyone can carry a concealed weapon helps keep people polite. Police with a warrant or as part of a dangerous crime in progress have a right to enter a home anything else is a home invasion. Yup, in Arizona, the cops ask you after you shoot a burgler if the kickback hurt your hand......That's why Neo Dave lives there..... Link to comment Share on other sites More sharing options...
retrosurfer1959 Posted May 23, 2011 Share Posted May 23, 2011 Yup, in Arizona, the cops ask you after you shoot a burgler if the kickback hurt your hand......That's why Neo Dave lives there..... Almost that easy - I had a home here in Arizona and one in Chicago and the difference in laws was so amazing in Chicago a pocket knife with a blade more than 3.5 inch or that locks is illegal in Arizona I can carry a pistol and a machete under my coat without a permit. That's why I sold the place in Chicago. Laws that protect criminals make no sense. Link to comment Share on other sites More sharing options...
This_Dying_Soul Posted May 23, 2011 Share Posted May 23, 2011 This sounds like the kind of stupid laws out politicians up here in Canada would dream up... like when they created a gun registry. Well intentioned, it was meant so that police could check before moving in on a locations to see if they should expect suspects to be armed. Problem is, it might work for domestic disputes, but the guns used in most other violent crime are not registered because real criminals are not going to register their own weapons... if the weapon is registered it was likely stolen from the person who registered it. Hope you guys get this overturned because the majority of people in Canada just re-elected a moron who would pass such a stupid law and will likely do it if he sees enough US states passing the same law. I can see where such a law, if properly worded would be of benefit for situations where someone's life is in danger and every second wasted waiting on a warrant would decrease the likelyhood of getting that person out alive. But it's very irresponsible to have it so open to interpretation that police would literally be allowed to enter someone's home without permission whenever they want. Link to comment Share on other sites More sharing options...
Namvet Posted May 23, 2011 Share Posted May 23, 2011 Here we go, the beginnings of a police state. To hell with the bill of rights and constitution. Link to comment Share on other sites More sharing options...
SoonerBuckeye Posted May 23, 2011 Share Posted May 23, 2011 Don't be surprised is the U.S. Supreme Court upholds Indiana's law. Afterall, there are still the the same 5 justices on the court who determined that corporations have the same rights so far as money donations during elections as the individual citizen does. Link to comment Share on other sites More sharing options...
rct Posted May 23, 2011 Share Posted May 23, 2011 Laws that protect criminals make no sense. They make sense if yer a cop. rct Link to comment Share on other sites More sharing options...
Harpo Posted May 23, 2011 Share Posted May 23, 2011 I'm from Indiana... Sheesh what's next? My link So it's OK for the police to enter my home illegally??? My thought is as long as I don't "resist" couldn't I call the police on the police for illegal entry (no probable cause, no warrant) and trespassing? This is probably too political but thought I would give it a shot... Shoot 1st ask questions later just like they do? And BTW it seems to have passed in the SCOTUS 8-1 recently too so all I can say is join the Promise Keepers:-| Link to comment Share on other sites More sharing options...
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