web analytics
Browse > Home / Archive: 13. May 2011

| Subcribe via RSS

WTF: Legal Edition

The Indiana Supreme Court has decided that your home is not, in fact, your castle and that the 4th Amendment to the Constitution is apparently outdated and old fashioned.

“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.

I see, they did this to protect us from an escalation of violence. Right.  How about this thought instead – Officer wants to illegally come into the person’s home, the person says no and THE OFFICER DOESN’T ENTER. PERIOD.  When the officer does enter, and you resist I would then say that the arrest should be deemed illegal and anything gained from the entry be considered ‘Fruit of the Poisonous Tree”

At the end of the article it becomes clearer that the Indiana Supreme Court is looking for a more fascist way to control the public because they earlier gave this ruling.

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.

So, an officer now can make up a reason that he wants to enter the home, not knock, break in and the homeowner has no recourse at all except through a civil lawsuit.  Plus, the police will be able to use whatever they find in court even though the homeowners rights under the Constitution were blatantly violated.

All we can hope is that the US Supreme Court hears this case and reverses it, otherwise I see very bad times ahead for the Hoosier state.

H/T to SnarkyBytes

Good to Have job Skills

May 13th, 2011 | No Comments | Posted in People are Stupid

It’s nice to see that Megan McCain has finally found something she is good at, taking her clothes of in front of a camera.  I mean, she’s not the new voice of the young Republicans the way she would like to think and if her interview with Rachel Maddow at the NRA convention is any hint, my cat knows more about firearms than Megan does.

So, I wish her luck in her new career and I’m glad that she will no longer be riding her daddy’s coattails.