Wednesday, May 18, 2011

The Indiana Supreme Court Guts the Fourth Amendment | FrontPage Magazine

A ruling by the state of Indiana’s Supreme Court last Thursday in Barnes vs. Indiana has seemingly vacated the Constitution’s Fourth Amendment provision against unreasonable search and seizure. The case involved a domestic dispute and the Court ruled 3-2 that police can force their way into a person’s home without a warrant if they deem such entry is necessary. Writing for the majority, Justice Steven David said that “a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. 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.”"

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