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Home / News / Local News / Government And
Politics

Court: No right to resist illegal cop entry into home

Story

Discussion

Court: No right to resist illegal cop entry into home

By Dan Carden [email-masked], (317)
637-9078 nwitimes.com | Posted: Friday, May 13, 2011 3:56 pm |
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Related: PDF: Supreme Court ruling in Barnes v.
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INDIANAPOLIS | 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.

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."

David said a person arrested following an unlawful entry by police
still can be released on bail and has plenty of opportunities to protest
the illegal entry through the court system.

The court's decision stems from a Vanderburgh County case in which police
were called to investigate a husband and wife arguing outside their
apartment.

When the couple went back inside their apartment, the husband told police
they were not needed and blocked the doorway so they could not enter.
When an officer entered anyway, the husband shoved the officer against a
wall. A second officer then used a stun gun on the husband and arrested
him.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said 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."

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart
native, dissented from the ruling, saying the court's decision runs afoul of the
Fourth Amendment of the U.S. Constitution.

"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. "I disagree."

Rucker and Dickson suggested if the court had limited its permission for
police entry to domestic violence situations they would have supported the
ruling.

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."

This is the second major Indiana Supreme Court 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. Prior to that ruling, police serving a warrant would have to obtain a
judge's permission to enter without knocking.

Copyright 2011
nwitimes.com. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.

Posted in Govt-and-politics,
Gary, Hobart, Indiana, Valparaiso on
Friday, May 13, 2011 3:56 pm Updated: 4:00 pm. | Tags: Indiana,
State
Government, Courts,
Indiana
Supreme Court, Police,
Warrant,
Fourth
Amendment, Steven
David, Brent
Dickson, Robert
Rucker, Domestic
Violence, Constitution,
Constitutional
Law, Ivan
Bodensteiner, Valparaislo
University, Valparaiso
University School Of Law

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