If a SWAT team mistakenly busts into your home in the middle of the night, you have no right to protect yourself or your family.
This, according to an Indiana court who, it is pointed out, has overturned hundreds of years of common law: Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.
This, according to an Indiana court who, it is pointed out, has overturned hundreds of years of common law: Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.
In a 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. "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.
In all seriousness now, I myself am not capable of taking on a SWAT team and emerging victorious. Doesn't mean I wouldn't try, regardless of whatever a court happens to say about the matter.
The common mistake made by those who say that resisting unlawful acts by the constabulary are futile because in the end they're going to win anyway, is nothing other than a seriously mistaken myth. Civilians in America have a thousand times the firepower of those in Afghanistan and THEY kicked the Russians back home for good. There's an age-old story about a Polish underground leader who was asked how he could even think of stopping German tanks.
"Somewhere along the line they must get out to piss and when they do we shoot them in the head."
The courts cannot stop an honest man any more than the Brits or the Russians could. Moral of the story is never, ever, let the bastards believe they're winning just because they've been lucky as of late. In the long run we've always been able to beat them.
1 comment:
Why bother protesting the illegal entry? The court just said that if a cop is doing it, it's not illegal, so there's no point to protest or sue. You'll just be laughed out of court.
The Indiana Supreme Court just threw out the U.S. Constitution. If I didn't know better, I'd think they were trying to goad us into armed rebellion. (Do I know better?)
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