By William R. Toler
“I’d like to get some sleep before I travel. But if you’ve got a warrant, I guess you’re gonna come in.”
The late Jerry Garcia would be disappointed–as are many civil libertarians–that his line from “Truckin'” is no longer relevant thanks to several recent court rulings.
Last week, the Indiana Supreme Court rendered two decisions that invalidate the protections of the Fourth Amendment. First, the court ruled that police did not have to knock before entering a home to serve a warrant, according to nwitimes.com. Then a few days later, the court decided 3-2 that individuals have “no right” to resist police entering your home without a warrant.
The ruling stems from a case in which a police had been called to investigate a couple arguing outside their home. As the couple went back in, the husband told police there was no need for them. When the officers tried to enter anyway, the husband pushed one of them against the wall. The other officer then subdued him with a stun gun and arrested him.
In a prime example of Orwellian Doublespeak, Justice Steven David wrote in the opinion, “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…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.”
Let’s analyze that for a moment, shall we?
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Tagged as Arizona, civil liberties, civil rights, Fourth Amendment, Indiana, Kentucky, police, search and seizure, Supreme Court, SWAT Team, U.S. Constitution, warrant, warrantless search