Indiana. What a unique state. For example, few states are more thought of when it comes to basketball than good old Indiana. Now, we can even thank them for being the one of the first states to overturn the Fourth Amendment. Congratulations Indiana. I never thought that one was even possible, but you proved me wrong.
In case you missed it, Indiana has ruled that you have no right at all to stop a police officer trying to enter your home illegally. Now, I’m not talking about shooting the guy or anything either. I’m saying you can’t physically hold him as he tries to enter your house without a warrant.
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.