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Your home is your castle? Not in Indiana

Discussion in 'Sports and News' started by TrooperBari, Aug 30, 2011.

  1. TrooperBari

    TrooperBari Active Member

    This story is from May. I came across it while listening to previous episodes of Dan Carlin's Common Sense, and while the news itself isn't exactly fresh, it's still disconcerting.

    http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

    Two more selections of note:

    Does this give anyone else pause? Does this scare anyone, the fact that any time the government wants to enter your home for any reason, you have to -- to quote one famous area person -- relax and enjoy it? Or does living in a post-9/11 world mean Americans have to accept lower standards of protection from the government?

    Some enterprising rights activists will appeal this to the USSC, of course, but they're under no obligation to take the case. Hell, all it has to do is sit on the case for five to 10 years or rule on some ancillary issue and, lo and behold, the Indiana ruling suddenly is in keeping with "modern Fourth Amendment jurisprudence."
     
  2. Ace

    Ace Well-Known Member

    The court isn't saying the cops have the legal right to enter your home and gather evidence or whatnot for no reason.

    They are just saying that if the cops are trying to enter your home, you can't use force to stop them.

    I think I have to agree with the court.

    Putting your hands on a cop is never a good idea.
     
  3. The Big Ragu

    The Big Ragu Moderator Staff Member

    If the police ever showed up here and tried to enter without probable cause, I am fairly sure I'd resist and then take my chances on sorting it out in court later. Why do we have a Bill of Rights?
     
  4. TheSportsPredictor

    TheSportsPredictor Well-Known Member

    Hey, what's the problem? What are you trying to hide?
     
  5. The Big Ragu

    The Big Ragu Moderator Staff Member

    Agree, but if you don't have a warrant, or probable cause, I am physically putting myself between you and my apartment, and even though I am not stupid enough to strike a cop, I am going to make them move me and cuff me first.
     
  6. Ace

    Ace Well-Known Member

    That's cool. In this case the guy attempted to block access, then pushed the cop into a wall.
     
  7. LongTimeListener

    LongTimeListener Well-Known Member

    When they kick in your front door
    How you gonna come
    With your hands on your head
    Or on the trigger of a gun?
    When the law break in
    How you gonna go
    Shot down on the pavement
    Or waiting on death row

    You can crush us, you can bruise us, but you'll have to answer too
    Oh, oh, the guns of Brixton
     
  8. JR

    JR Active Member

    Wow. Illegal entry is illegal entry. Cops had no business trying to force their way in.
     
  9. doctorquant

    doctorquant Well-Known Member

    Probable cause is in the eye of the beholder, isn't it? As in, the homeowner doesn't get to decide whether the cop has probable cause or not. Rather, the cop is the sole judge as to whether he/she believes probable cause is there. Isn't that the way it works?
     
  10. HC

    HC Well-Known Member

    Great. I only just got the Jimmy Cliff version of this song out of my head and you put it RIGHT BACK IN!
     
  11. LongTimeListener

    LongTimeListener Well-Known Member

    Legal scholars -- was this a Third Amendment case? I know that deals specifically with soldiers being quartered, but I wonder if that was the reasoning here. In any case, according to the article the court did seem to be taking issue with the violence toward the police officers rather than their right to enter the house.
     
  12. Starman

    Starman Well-Known Member

    The cops have guns and plenty of them.

    If they come banging on your door, they're coming in.
     
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