Indiana Overturns the 4th Amendment | Politics | Forum

The Supreme Court of Indiana decided last week to essentially repeal the 4th Amendment of the Constitution of the United States.  As a refresher, this reads

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

There is a rich history to the reasons for this amendment to be in place, but in a stunning 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. (emphasis added) "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." (read the full opinion)

Wow… you bet it will escalate in violence! Try envisioning a police officer walking up to someone's house in San Antonio, Chicago, or Harlem and let's see what the lawmakers decide to define 'escalation in violence'. Since 1604 in the famous Semayne's Case, Brits, and now Americans have recognized this right. It was ruled that, "The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose."

Yep… that's the way it has been for the over 200 years of our American History. The judged mind you, not the lawmakers of Illinois, think they know better. (Anyone smell 'legislation from the bench?')

I am going to be interested to see if the people of Indiana put up with this… I would expect a law like this to his Chicago, but Illinois???

Here it is again, in plain English: A police officer can walk up to any house in any city in Indiana and announce they would like to take a look at what is inside your home. For no reason. You have no legal right to stop them – you are stripped of your protections, and in fact, if you tell the police officer no – you WILL go to jail.

Anyone care to do a little research and see if this has ever been a good thing in the history world governments? Are those governments still around, or are they relegated to the wastebasket of failed policies?

To the residents of Illinois – be sure to send your appreciation to Justices Rucker and Dickson for dissenting on this decision. To Justices David, Shepherd, and Sullivan, I'll leave them to your creativity.

What do YOU think? Inquiring Americans would like to know. Comment below…

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