Fourth Amendment Assaulted in Indiana


Apparently, Indiana is no friend to the fourth amendment.

“Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.”

And yes, I do not reside in Indiana, you can find me somewhere in the hinterlands of northern Illinois. In fact I looked to see if out poor excuse for a state (Yeah I know we gave ya’ll Lincoln and Reagan, but that was all undone when we dumped Hillary …she was raised in Oak Park… and Obama on the rest of the country.) had anything similar in dealing with warrantless home invasion. Amazingly enough, found the following at Illinois Legal Aid

“Do the police need a warrant to search my home?

In most cases, police officers cannot enter your home without a warrant. The type of warrant the police have can affect their rights to search certain parts of your home.

With a search warrant, the police may search any of the areas described in the warrant, including any containers large enough to hold the evidence or contraband they are looking for.
With an arrest warrant, they can search the person named in the arrest warrant, as well as the area immediately surrounding that person.
Law enforcement officers can only enter your home without a warrant if:

You give them consent to enter, or
There is an emergency (for example, if the police are in “hot pursuit” of someone who just committed a serious crime)”

Sounds to me like Indiana is on their own with this one.

Assuming this isn’t brought up the food chain, to SCOTUS, and resolved, I worry about the precedent it sets. It effectually snuffs out (or lays the groundwork for snuffing out) the fourth amendment. I guess my real question is, just how much more stupidity are we going to take before enough is enough.

UPDATE:
BisW has a strong post on this, over at Taxes,Stupidity, and Death. Check it out. Between him and Francis Porretto at Eternity Road, you can never be disappointed.

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6 Comments

Filed under Constitution, Random Thoughts

6 responses to “Fourth Amendment Assaulted in Indiana

  1. And if they succeed with the 4th, can the 2nd be far behind??

  2. They (the collective “they”, in reality, all of us, the American …voting…public at large) have already attacked the 2nd Amendment. You need a FOID card in order to purchase a weapon or ammo here in Illinois. (Firearms Owner IDentification card) And that is just one example of how the 2nd has been abused.

    They all have been either abused or contorted away from their original intent and or meanings. Look at what happened with the 5th just a couple of years ago.

    I could go on, but you get the drift.

    When does it all end…and how is it going to end?

  3. The sad thing is, it didn’t have to be this way. There was no unlawful entry, and all the court had to do was say so (the man’s wife had made the 911 call and repeatedly told the man to let them in).

  4. Which makes me think there is more to this ruling than meets the eye. IOW the Judge has an agenda (or someone else does, and has paid off the Judge accordingly). If nothing else this should sink any real hope of Mitch Daniels attaining the GOP nod for the White House in 2012. One less SKUNC/RINO to worry about. (For those who didn’t know, it was Daniels who appointed Justice Steven David to the Indiana Suprime Court. Daniels was allegedly a Republican…if this doesn’t show his true colors, nothing will.)

  5. I seem to remember this 10th Amendment thing. What it said, in effect, was “anything not here in this is up to you”. So, once again in theory, if something is in the Constitution as inviolable, they can’t violate it. So, if the Bill of Rights are inviolable by them, as they are members of this Union, why are they violating them and what will the Fed do? Oh. Nothing. Right.

    • The Fed are so busy violating the Constitution themselves, the worst which could possibly happen is they get pissed at Indiana for stepping on their turf. If this isn’t the keystone event which causes (at some point in the near future) “We the People” to take a stand, than at least it will be the spark which lights the fuse. I only hope it is a short fuse.

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