Friday, May 13, 2011

Disobedience

Any court of law which rules that I may not forcibly resist an unlawful entry into my own home has abrogated its judicial duties and violated its oath.  As such, no such ruling should be obeyed by the people.


"the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.


In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block 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,” 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.”

Excuse me?  Indiana residents have no right to resist unlawful entry?  Ones right to resist unlawful entry into his home has been a tenet of the western legal system for a millenia.  The fact that the Indiana Supreme Court now says this is not so doesn't actually change anything.  I would hope that not a single Indiana resident will abide by this ruling. I certainly would plan to ignore any such ruling were the Delaware Supreme Court to adopt a similar view.  At that point it becomes a moral imperative of every freedom loving citizen to disobey such law.

Imagine this scenario.  A cop gets hammered and gets into an argument with you at a bar.  You, being the better man, remove yourself from the situation and drive home.  The cop follows you home, breaks down your door and comes after you.  According to the Indiana Supreme Court you have no legal right to resist such an assault on your home and yourself.  Such reasoning is unconscionable.

I say this as someone who knows plenty of cops and has several in his family.  When a police officer comes to your home, especially in any official capacity, he is NOT your friend.  If he unlawfully breaks into your home he is nothing more than a common home invader with a badge and should be treated as such.

Unlawful entry is unlawful entry.  Period.  What this ruling says is that there's one rule of law for cops to abide by while they're committing a crime and an entirely different set for the rest of us.  Bullshit.  A thug with a badge is still just a thug.  My rights, particularly my rights to defend my home, do no disappear because of what that thug happens to be wearing and they do not disappear because of what moronic judge rules.

6 comments:

Bubblehead Les. said...

After hearing all those stories about the bad cops in Indianapolis from Tam, I know this one HAS to get to the U.S. Supreme Court ASAP!

Anonymous said...

Uhmm ... the 4th Amendment was drafted for this very reason. British soldiers (the police of that time) were known to kick in the door, search for (whatever), take what they wanted, and arrest anyone they wanted.

Now, you come kick in my door and see how long I wait for you to identify yourself as a police officer. Yep, about that long!

Mike W. said...

Anon - Exactly right about the origins of the 4A. And yes, you kick in my door and yell "police" I'll assume you're there to do me harm (since I have no reason for the police to be breaking down my door)

Don't get me started on no-knock raids.

Robert McDonald said...

This ruling is absolutely appalling. I'd love to see freedom loving IN cop go kick in the door of the IN Supreme Court Justice at O'Dark thirty.

Christina RN LMT said...

mikeb302000, as a grammar-Nazi myself, I have to say: You, Sir, are an ass.

Richard said...

As a cop, I'm very disappointed by the court's decision.

Heck, I started my police career in Georgia, where it is written into the law that citizens have a right to forcibly resist an illegal arrest.

I hope to see the Indiana ruling reversed at the Supreme Court.