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4th Amendment banned in Indiana

POSTED BY: PIRATENEWS
UPDATED: Tuesday, May 17, 2011 17:19
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Friday, May 13, 2011 7:45 AM

PIRATENEWS

John Lee, conspiracy therapist at Hollywood award-winner History Channel-mocked SNL-spoofed PirateNew.org wooHOO!!!!!!




Court Opinion: No right to resist unlawful police entry

INDIANAPOLIS— People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law.

The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said.

"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," David said. "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."

Justices Robert Rucker and Brent Dickson strongly dissented, saying the ruling runs afoul of the U.S. Constitution's Fourth Amendment against unreasonable search and seizure, The Times of Munster reported.

"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said.

Both dissenting justices suggested they would have supported the ruling if the court had limited its scope to stripping the right to resist officers who enter homes illegally in cases where they suspect domestic violence is being committed.

But Dickson said, "The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad."

The court's decision stemmed from a Vanderburgh County case in which a man yelled at police and blocked them from entering his apartment to investigate a domestic disturbance. The man shoved a police officer who entered anyway and was shocked with a stun gun and arrested.

Valparaiso University School of Law professor Ivan Bodensteiner told The Times that the court's decision is consistent with the idea of preventing violence.

"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Thursday's decision was the court's second ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Previously, police serving a warrant had to obtain a judge's permission to enter without knocking.

http://www.chicagotribune.com/news/chi-ap-in-police-unlawfulen,0,69505
21.story


RICHARD L. BARNES vs STATE OF INDIANA, Indiana Supreme Court, May 12, 201
http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf


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Friday, May 13, 2011 7:49 AM

ANTHONYT

Freedom is Important because People are Important


Hello,

A disturbing ruling.

--Anthony


_______________________________________________

“If you are not free to choose wrongly and irresponsibly, you are not free at all”

Jacob Hornberger

“Freedom is not worth having if it does not connote freedom to err. It passes my comprehension how human beings, be they ever so experienced and able, can delight in depriving other human beings of that precious right.”

Mahatma Gandhi

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Friday, May 13, 2011 8:08 AM

PIRATENEWS

John Lee, conspiracy therapist at Hollywood award-winner History Channel-mocked SNL-spoofed PirateNew.org wooHOO!!!!!!


Quote:

Originally posted by AnthonyT:

A disturbing ruling.



What could possibly go wrong?



Quote:



He Served the Empire Abroad; The Regime Killed Him in His Home

Jose Guerena survived two combat tours of Iraq, only to become a casualty of the Regime’s longest war — the one waged against its domestic subjects in the name of drug prohibition. The former Marine was slaughtered by a SWAT team during a May 5 assault on his home in Arizona.

Guerena’s wife, Vanessa, heard a noise outside the couple’s home near Tucson at about 9 a.m. Jose, who had just gone to bed after pulling a 12-hour shift at the Asarco Mine, suspected — correctly, as it turned out — that his family was threatened by an armed criminal gang. Grabbing his AR-15, Guerena instructed his wife and four-year-old son to hide in the closet while he confronted the intruders. According to Mrs. Guerena, the stormtroopers from the Pima County Regional SWAT team never identified themselves as police; they simply stormed into the home and started shooting.

“I saw this guy pointing me at the window, Vanessa recalled in a television interview. “So, I got scared. And, I got like, ‘Please don’t shoot, I have a baby.’ I put my baby [down]. [And I] put bag in window. And, I yell ‘Jose! Jose! Wake up!’”

“A deputy’s bullet struck the side of the doorway, causing chips of wood to fall on his shield,” recounts the Arizona Daily Star, paraphrasing an account provided by Pima County Sheriff’s Office (PCSO) functionary Michael O’Connor. “That prompted some members of the team to think the deputy had been shot.” Guerna never fired a shot; the marauders who invaded his home fired no fewer than seventy-one. As is standard procedure in such events, the invaders claimed that Guerna had fired on the officers, as he had every moral and legal right to.

Neither Jose nor his wife had a criminal history of any kind. The attack on their home was described as a narcotics enforcement operation, but there are no reports that narcotics were found at the residence – – even though the invaders reportedly “seized” (that is, stole) something that belonged to the victim.

“Tucson is notorious for home invasions and we didn’t want it to look like that,” insisted PCSO spokesman O’Connor, exhibiting the dull-witted refusal to acknowledge the obvious that typifies tax-feeders of his station. He also maintained that the death squad “went lights and sirens and we absolutely did not do a `no-knock’ warrant,” a claim refuted by the only surviving witness, Vanessa Guerena. Such details are morally inconsequential, since there was no reason — apart from the institutional vanity of the PCSO and the indecent eagerness of the armored adolescents who compose its SWAT team — to conduct a paramilitary raid to serve a routine search warrant.

“I never imagined I would lose him like that, he was badly injured but I never thought he could be killed by police after he served his country,” lamented the wife of the murdered ex-Marine, who died on his feet, a rifle in his hand, and his face to an unexpected enemy. The grim but unavoidable truth is this: We shouldn’t be at all surprised that a Regime capable of sending Americans abroad to terrorize Iraqis in their homes would employ the same state terrorism against Americans here at home.

http://www.lewrockwell.com/blog/lewrw/archives/87886.html
http://azstarnet.com/news/local/crime/article_d7d979d4-f4fb-5603-af76-
0bef206f8301.html

http://www.kgun9.com/story/14621212/marine-killed-by-swat-was-acting-i
n-defense-says-family?clienttype=printable

http://www.greenfieldreporter.com/view/story/d846080477a34e709876d5d36
c19467b/AZ--Pima-County-Shooting
/



Live by the sword...

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Monday, May 16, 2011 7:55 PM

RIONAEIRE

Beir bua agus beannacht


That's bad stuff, I hope someone can challenge it and get the new ruling thrown out.

"A completely coherant River means writers don't deliver" KatTaya

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Tuesday, May 17, 2011 12:08 AM

AURAPTOR

America loves a winner!


WTF are they even thinking in that state ?




" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "

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Tuesday, May 17, 2011 2:51 AM

CANTTAKESKY


Not the same but related. SCOTUS just ruled it is ok for cops to enter a home without a warrant if they THINK they HEAR evidence being destroyed on the other side of the door.

http://www.csmonitor.com/USA/Justice/2011/0516/Supreme-Court-No-warran
t-needed-if-police-discern-destruction-of-evidence


Fourth Amendment shrinking before our very eyes.



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Tuesday, May 17, 2011 4:46 AM

HARDWARE


Quote:

Originally posted by canttakesky:
Not the same but related. SCOTUS just ruled it is ok for cops to enter a home without a warrant if they THINK they HEAR evidence being destroyed on the other side of the door.

http://www.csmonitor.com/USA/Justice/2011/0516/Supreme-Court-No-warran
t-needed-if-police-discern-destruction-of-evidence


Fourth Amendment shrinking before our very eyes.


No, that was the 4th amendment disappearing.

"Your honor, I knocked, heard a toilet flushing and assumed the defendant was destroying evidence. Upon entering and searching the residence I discovered bootleg Blue Ray discs. That were unrelated to the original investigation, but still prosecutable."

Gosh, this little experiment in a representative republic was fun while it lasted, but it's over now.

The more I get to know people the more I like my dogs.

...and he that has no sword, let him sell his garment, and buy one. Luke 22:36

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Tuesday, May 17, 2011 4:22 PM

CANTTAKESKY


Here's another article on the Marine killed by Swat.

http://reason.com/blog/2011/05/16/marine-survives-two-tours-in-i

I can't believe they are trying to defend this.



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Tuesday, May 17, 2011 4:25 PM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


Patriot Act was only the first step.

It's not like we weren't warned.

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Tuesday, May 17, 2011 5:19 PM

WISHIMAY


Further proof of what I've been yelling about my state for years...Sheep!....

BAAAAAA! Who in the hell would legalize this crap?! Oh..I know... people who are too busy working themselves to death in a seasonal agri-conomy ta notice-where they can fire you just to get out of the red and then deny EVERYONE unemployment...Indiana sucks...
OH, and my lovely area of Evansville was ranked MOST OBESE just yesterday..Why? THERE IS NOTHING TO DO HERE!(EXCEPT MAYBE METH) Why leave the house when it sucks just as much outside as it does inside?

I say we set up our own little Browncoat republic somewheres...but I have a feelin' it would look more lika bunker.

Sorry...I've been tryin' to find a way to leave (intact) for years...Rant over

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