Freedom Action Now

Indiana court voids 4th Amendment

with one comment

The 4th Amendment reads:

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.

Apparently this is inconvenient for the Indiana Supreme Court:

“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,” [Indiana Supreme Court Justice] 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.”

The decision doesn’t specifically say the police have a right to enter at will, only that we may not resist. Lawyers may find that a significant distinction, but the effect is that the 4th Amendment is hereby repealed.

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Written by freedomactionnow

May 16, 2011 at 2:49 pm

Posted in Uncategorized

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One Response

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  1. I usually hit The Volokh Conspiracy on a daily basis, but how many average Americans read anything about intrusions like this, or more tellingly, can point to interpretations by courts that reduce our liberties and then take part in monitoring or contributing to conversations based on those court actions?

    So, thanks for your posting here.
    .

    TMI

    June 13, 2011 at 9:28 am


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