Saturday, May 14, 2011

Indiana: “I can’t go back there ...”

The Supreme Court of the State of Indiana has ruled that the police can enter your home without warning, and for any reason, even for no reason. The solace they provide is that it avoids the escalation of violence, and that the citizen still has recourse to file a civil complaint with the police -- for all the good that will do.

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 ... 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.

And so, on that forbidding note, nine hundred years of English common law tradition is out the window, at least in the Hoosier State. Let's look at the Fourth Amendment one more time, while we still have one.

“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.”

Until this case goes all the way to the High Court (and it's too easy for it not to), this writer has one more reason to order one pair of these babies to wear on the next flight, should the folks who sell them ever get them back in stock. (C'mon guys, you got a problem getting rich off an idea?)

(H/T to Bruce McQuain. I got this single by R Dean Taylor when I was fifteen. I don't remember it being red though. Eh, whatever ...)

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