Indiana Supreme Court: You Have No Right to Resist Unlawful Police Entry

Police RaidCrazy. Reports the AP via the News and Tribune:

INDIANAPOLIS — People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law.

The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said.

“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.”

Read More: AP via the News and Tribune

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74 Responses to Indiana Supreme Court: You Have No Right to Resist Unlawful Police Entry

  1. Anonymous May 22, 2011 at 10:11 pm #

    The person being invaded has no way of knowing whether the police entry is unlawful or not at the time. I’d say resisting would probably be a really bad idea and a good way to get an innocent person shot dead as one of the many “oops our bad” statistics on police screw ups that they always seem to get away with. All the more so in Indiana  a well known state for having an extremely corrupt law enforcement that purposely places speed traps all over interstate highways and very directly demands immediate monetary payment (i.e. a bribe) to let you go.

    That said, if a person should choose to resist, and the entry is illegal, the courts should have made it so that any resistance would not be considered a crime of any sort as a pseudo compensation for the illegal entry.

  2. SF2K01 May 22, 2011 at 6:11 pm #

    The person being invaded has no way of knowing whether the police entry is unlawful or not at the time. I’d say resisting would probably be a really bad idea and a good way to get an innocent person shot dead as one of the many “oops our bad” statistics on police screw ups that they always seem to get away with. All the more so in Indiana  a well known state for having an extremely corrupt law enforcement that purposely places speed traps all over interstate highways and very directly demands immediate monetary payment (i.e. a bribe) to let you go.

    That said, if a person should choose to resist, and the entry is illegal, the courts should have made it so that any resistance would not be considered a crime of any sort as a pseudo compensation for the illegal entry.

  3. DeepCough May 22, 2011 at 10:40 pm #

    Hey, if the cops didn’t want any “unnecessary resistance” for their illegal entry, maybe they should have gotten a warrant in the first place.

  4. DeepCough May 22, 2011 at 6:40 pm #

    Hey, if the cops didn’t want any “unnecessary resistance” for their illegal entry, maybe they should have gotten a warrant in the first place.

  5. Haystack May 22, 2011 at 11:08 pm #

    Or to put it differently, “You have no right to take action preventing a crime from being committed against you. You can only sue about it after the fact.”

    So, if police enter a property illegally, and someone resists, they have committed a crime, and that, in turn, gives police the right to be there. It sounds like this would give police an incentive to provoke token resistance, knowing that, even if the initial search was illegal, the person who resisted is automatically guilty of a felony. 

  6. Haystack May 22, 2011 at 7:08 pm #

    Or to put it differently, “You have no right to take action preventing a crime from being committed against you. You can only sue about it after the fact.”

    So, if police enter a property illegally, and someone resists, they have committed a crime, and that, in turn, gives police the right to be there. It sounds like this would give police an incentive to provoke token resistance, knowing that, even if the initial search was illegal, the person who resisted is automatically guilty of a felony. 

  7. Anonymous May 22, 2011 at 11:29 pm #

    R.I.P 4th Amendment

  8. Anonymous May 22, 2011 at 11:29 pm #

    R.I.P 4th Amendment

  9. MoralDrift May 22, 2011 at 7:29 pm #

    R.I.P 4th Amendment

  10. Anonymous May 22, 2011 at 11:50 pm #

    it also seems you have no right to film the police doing anything illegal.
    http://www.alternet.org/rights/151021/turning_the_camera%3A_why_are_cops_allowed_to_film_citizens%2C_but_citizens_not_allowed_to_film_police_brutality?page=entire

    this is really heartbreaking.

  11. samthor May 22, 2011 at 7:50 pm #

    it also seems you have no right to film the police doing anything illegal.
    http://www.alternet.org/rights/151021/turning_the_camera%3A_why_are_cops_allowed_to_film_citizens%2C_but_citizens_not_allowed_to_film_police_brutality?page=entire

    this is really heartbreaking.

    • Grooveboss May 23, 2011 at 12:08 am #

       yeah well got to be stealth about it then post it on public forum like here with proxy isp. Whistle blowing. The less the masses trust the cops the less they will be called.

      • Grooveboss May 23, 2011 at 12:08 am #

        and they usually only come when you call  

  12. Hadrian999 May 23, 2011 at 2:05 am #

     the only time it would be a good idea to resist is if the policee are entering without identifying themselves and/or out of uniform or you have a credible reason to believe they aren’t really cops. and best any time you resist the police you risk at best a severe beating and jail time and at worst getting the oscar grant special, save it for court

  13. Junny May 23, 2011 at 2:05 am #

    For the last 10 years, post 9/11, the government and justice systems felt it impertinent to take away rights of its own citizens. This one flat out violates a constitutional amendment. And yet, what’s going to happen? A brief expression of outrage and indignation, then it’s completely forgotten the next day.

    How long until people realize they’re living in a police state not any different from Iran?

  14. Hadrian999 May 22, 2011 at 10:05 pm #

     the only time it would be a good idea to resist is if the policee are entering without identifying themselves and/or out of uniform or you have a credible reason to believe they aren’t really cops. and best any time you resist the police you risk at best a severe beating and jail time and at worst getting the oscar grant special, save it for court

    • Grooveboss May 23, 2011 at 12:06 am #

       yeah i would not resist, thats like a red card in soccer. Time to shut down and become introverted, turtle up in a way. Plus if they are being corrupt its a much bigger problem then an individual arrest and being a martyr would help solve the problem. 

    • Ewop7 May 23, 2011 at 7:27 am #

      And what happens when you go to court? As usual, nothing!  If you can’t get officers convicted or even fired from their jobs for beating and killing elderly people on tape, what makes you think anything will be done in court about them illegally entering your home.  Mentalities like yours is the reason the courts can pass these laws. If you don’t stand for something, you will fall for anything. 

      • Tuna Ghost May 23, 2011 at 11:09 am #

        Um actually its fairly easy to have a case thrown out for improper and/or illegal entrance and search and seizure.  It happens pretty frequently.  Any competent lawyer can make the case, or even just someone with a basic understanding of the relevant laws.  Getting violent with a police officer when they have identified themselves as such is most certainly NOT a good idea.  Not only is it useless, it will, as noted above, earn you a severe beating and probably jail time for assault.  

      • Hadrian999 May 23, 2011 at 5:49 pm #

        there is difference for standing up to authority through effective means and acting stupid and getting your head broke for no good reason, forcefully resisting the police at a raid or search will serve no purpose other than getting people hurt or killed, I am opposed to many police actions and powers and advocate fighting them in ways that will yield results. what outcome do you see if someone disagrees with a police search and decides to fight them with force? anything good? Fight them in the courts, fight them in the press, fight them with rallies and protests but getting a beat down and a criminal conviction won’t help anyone.

        • fill in the blank May 23, 2011 at 11:42 pm #

          I understrand the concept you speak of but the police should not be acting outside the law in the first place.  It’s a pretty sad state of affairs when we have to fear those who are sworn to protect and serve.  The public that is…  Not themselves…

          • Hadrian999 May 24, 2011 at 12:51 am #

            i agree but going heavy with the cops won’t help you any and should only be the last resort as it’s likely to get people hurt bad. in most places you are only allowed to use violence to protect life not property. if things have come to a head and there is rioting in the streets and the government is making war on the people it would be a different story but just a bad search is something for courts and civil protest.

  15. Junny May 22, 2011 at 10:05 pm #

    For the last 10 years, post 9/11, the government and justice systems felt it impertinent to take away rights of its own citizens. This one flat out violates a constitutional amendment. And yet, what’s going to happen? A brief expression of outrage and indignation, then it’s completely forgotten the next day.

    How long until people realize they’re living in a police state not any different from Iran?

    • fill in the balnk May 23, 2011 at 11:37 pm #

      How long until people realize they’re living in a police state not any different from Iran?

      When we start getting rounded up for trying to exercise free thought and speach and we as a society no longer have the ability to resist.

    • Grooveboss May 23, 2011 at 11:47 pm #

      I agree with that it is a police state no doubt. and they got fast cars and guns. if they had no guns like in england i would be a little bit after. Because thats all i see when I see a cop, a dumbass with a gun trying to stay alive in a world that does not want him/her/it

  16. poet May 23, 2011 at 3:03 am #

    Enough is enough

     

    Haven’t you had enough?

    Of the politicians bluff?

    Of the cops being too rough?

    Of the government taking your stuff?

     

    Haven’t you reached your limit?

    Of life not trying to live it?

    Military just trying to kill it?

    Of hoarders not caring to give it?

     

    Haven’t you seen enough blood?

    The waters rising to flood?

    The sheep all stuck in the mud?

    Happily pulling their pud?

     

    Haven’t you had the will?

    To say you’ve had your fill?

    In defense of your life, not for the thrill

    You do indeed have the right to kill!
    -jck

  17. poet May 22, 2011 at 11:03 pm #

    Enough is enough

     

    Haven’t you had enough?

    Of the politicians bluff?

    Of the cops being too rough?

    Of the government taking your stuff?

     

    Haven’t you reached your limit?

    Of life not trying to live it?

    Military just trying to kill it?

    Of hoarders not caring to give it?

     

    Haven’t you seen enough blood?

    The waters rising to flood?

    The sheep all stuck in the mud?

    Happily pulling their pud?

     

    Haven’t you had the will?

    To say you’ve had your fill?

    In defense of your life, not for the thrill

    You do indeed have the right to kill!
    -jck

  18. Grooveboss May 23, 2011 at 3:06 am #

     its the kkk state. Just dont resist i guess. Dealing with the police is like a spiritual thing, like your own white blood cells turning on you, or in a good situation preventing you from committing something stupid. Its all created by you anyway all of it, dont think for a second that anyone else is in control and you will see that you have the control and never see the police again unless you live in  indiana where they come in for lunch guns blazing.

  19. Grooveboss May 22, 2011 at 11:06 pm #

     its the kkk state. Just dont resist i guess. Dealing with the police is like a spiritual thing, like your own white blood cells turning on you, or in a good situation preventing you from committing something stupid. Its all created by you anyway all of it, dont think for a second that anyone else is in control and you will see that you have the control and never see the police again unless you live in  indiana where they come in for lunch guns blazing.

    • Grooveboss May 22, 2011 at 11:08 pm #

       Tis the law of power. the only real law. And guns are power 

      • Tuna Ghost May 23, 2011 at 11:11 am #

        This may be true, but it certainly true that they have more guns than you do, as well as a monopoly on the right to use them on other people.  

  20. Grooveboss May 23, 2011 at 3:08 am #

     Tis the law of power. the only real law. And guns are power 

  21. VoxMagi May 23, 2011 at 3:13 am #

     And now…thanks to increased feelings of helplessness and victimization than ever before…more people will choose massive violence and heavy firearms…costing more police lives than before. Congrats IN…your judges are cop-killas.

  22. VoxMagi May 22, 2011 at 11:13 pm #

     And now…thanks to increased feelings of helplessness and victimization than ever before…more people will choose massive violence and heavy firearms…costing more police lives than before. Congrats IN…your judges are cop-killas.

    • Zenc May 22, 2011 at 11:25 pm #

      You’re spot on with this comment.

      The kind of people who would be likely to resist an illegal entry by law enforcement and force the cops to back down (happens more frequently than most people imagine) are the kind of people who will now just crank it up a notch and get their buddies to pass out Jury Nullification pamphlets on Jury selection day, if they live that long.

      An opinion I have a pretty hard time finding fault with.

      It’s also worth noting that there’s already rumors about some Indiana law enforcement construing the ruling as a carte blanche endorsement of random home searches.

      • SonOfWillard May 22, 2011 at 11:39 pm #

        The argument of “I’m not doing anything wrong.  Let them (fill in the blank).”  is a poor excuse to surrender ones constitutional right(s), and it’s that mentality the powers that be are counting on.  While I can understand the logic given by Justice Davis, I do not agree.  Those who fought for our independence from Great Britain did not lay down so readily, or cowardly.

  23. Zenc May 23, 2011 at 3:25 am #

    You’re spot on with this comment.

    The kind of people who would be likely to resist an illegal entry by law enforcement and force the cops to back down (happens more frequently than most people imagine) are the kind of people who will now just crank it up a notch and get their buddies to pass out Jury Nullification pamphlets on Jury selection day, if they live that long.

    An opinion I have a pretty hard time finding fault with.

    It’s also worth noting that there’s already rumors about some Indiana law enforcement construing the ruling as a carte blanche endorsement of random home searches.

  24. SonOfWillard May 23, 2011 at 3:39 am #

    The argument of “I’m not doing anything wrong.  Let them (fill in the blank).”  is a poor excuse to surrender ones constitutional right(s), and it’s that mentality the powers that be are counting on.  While I can understand the logic given by Justice Davis, I do not agree.  Those who fought for our independence from Great Britain did not lay down so readily, or cowardly.

  25. Grooveboss May 23, 2011 at 4:06 am #

     yeah i would not resist, thats like a red card in soccer. Time to shut down and become introverted, turtle up in a way. Plus if they are being corrupt its a much bigger problem then an individual arrest and being a martyr would help solve the problem. 

  26. Grooveboss May 23, 2011 at 4:08 am #

     yeah well got to be stealth about it then post it on public forum like here with proxy isp. Whistle blowing. The less the masses trust the cops the less they will be called.

  27. Grooveboss May 23, 2011 at 4:08 am #

    and they usually only come when you call  

  28. Grooveboss May 23, 2011 at 4:08 am #

    and they usually only come when you call  

  29. Grooveboss May 23, 2011 at 4:15 am #

     The gun when def mightier then the pen when you can write in blood. I’ll say it again: THE ONLY LAW IS THE LAW OF POWER. And this can back fire on the cops with booby traps easily setup behind doors. God bless everyone cops and robbers 

  30. Grooveboss May 23, 2011 at 12:15 am #

     The gun when def mightier then the pen when you can write in blood. I’ll say it again: THE ONLY LAW IS THE LAW OF POWER. And this can back fire on the cops with booby traps easily setup behind doors. God bless everyone cops and robbers 

  31. Robobagons May 23, 2011 at 7:25 am #

    Welp, they better be ready for war when their dumb asses slip up…I’m thinkin freedom is getting horribly sick and possibly dying. Is anything that’s “Patriotic” even real? Or is it just a bunch of sugar coated bullshit. I’d have to say, sugar coated bullshit. GO USA!

  32. Robobagons May 23, 2011 at 3:25 am #

    Welp, they better be ready for war when their dumb asses slip up…I’m thinkin freedom is getting horribly sick and possibly dying. Is anything that’s “Patriotic” even real? Or is it just a bunch of sugar coated bullshit. I’d have to say, sugar coated bullshit. GO USA!

  33. brian May 23, 2011 at 6:32 am #

     Wait….did I miss something? When was it EVER normal to be able to ACTIVELY resist a police officer trying to enter your house?!?! I don’t think I’ve ever heard of that being lawful! I do know I’ve heard plenty of times where the cops did this, and then after the fact the evidence is thrown out of court after the fact…..I thought that was just how its normally done. I can’t imagine ever seeing someone slamming the door on a cop trying to force their way in, and that being a good Idea….If a cop is going to break the law, then why would you try to stop them on a technicality anyway? And if you knew the law that well, then why wouldn’t you just wait and win the unlawful entry in court anyway…why try to stop the cops at your door? How is this something new…I don’t even think I’ve heard of a case like this ever happening before, let alone this being “ a decision that overturns centuries of common law.”!!! Dear God it’s not like they said illegal entry is now OK!!! LMAO!!!! Is that seriously what the person who wrote this piece is trying to make us believe?!

    • Ewop7 May 23, 2011 at 7:31 am #

       I assume you know absolutely nothing about the 4th Amendment. 

  34. brian May 23, 2011 at 10:32 am #

     Wait….did I miss something? When was it EVER normal to be able to ACTIVELY resist a police officer trying to enter your house?!?! I don’t think I’ve ever heard of that being lawful! I do know I’ve heard plenty of times where the cops did this, and then after the fact the evidence is thrown out of court after the fact…..I thought that was just how its normally done. I can’t imagine ever seeing someone slamming the door on a cop trying to force their way in, and that being a good Idea….If a cop is going to break the law, then why would you try to stop them on a technicality anyway? And if you knew the law that well, then why wouldn’t you just wait and win the unlawful entry in court anyway…why try to stop the cops at your door? How is this something new…I don’t even think I’ve heard of a case like this ever happening before, let alone this being “ a decision that overturns centuries of common law.”!!! Dear God it’s not like they said illegal entry is now OK!!! LMAO!!!! Is that seriously what the person who wrote this piece is trying to make us believe?!

  35. Ewop7 May 23, 2011 at 11:27 am #

    And what happens when you go to court? As usual, nothing!  If you can’t get officers convicted or even fired from their jobs for beating and killing elderly people on tape, what makes you think anything will be done in court about them illegally entering your home.  Mentalities like yours is the reason the courts can pass these laws. If you don’t stand for something, you will fall for anything. 

  36. Ewop7 May 23, 2011 at 11:31 am #

     I assume you know absolutely nothing about the 4th Amendment. 

  37. JennaPurr Latte May 23, 2011 at 8:06 am #

    You are also not allowed to resist arrest, whether or not it is lawful.

    I do not think this court’s ruling is anything new.

  38. JennaPurr Latte May 23, 2011 at 12:06 pm #

    You are also not allowed to resist arrest, whether or not it is lawful.

    I do not think this court’s ruling is anything new.

  39. Tuna Ghost May 23, 2011 at 3:09 pm #

    Um actually its fairly easy to have a case thrown out for improper and/or illegal entrance and search and seizure.  It happens pretty frequently.  Any competent lawyer can make the case, or even just someone with a basic understanding of the relevant laws.  Getting violent with a police officer when they have identified themselves as such is most certainly NOT a good idea.  Not only is it useless, it will, as noted above, earn you a severe beating and probably jail time for assault.  

  40. Tuna Ghost May 23, 2011 at 3:11 pm #

    This may be true, but it certainly true that they have more guns than you do, as well as a monopoly on the right to use them on other people.  

  41. Jim May 23, 2011 at 5:04 pm #

     Quit bitching and start acting. Legislatures can impeach justices. Start protesting and writing formal letters of dissent. If you dont act now, it will be much easier for them to take more rights later. Ive written two letters so far and I am also organizing a formal petition condemning this action, please do something don’t just haunt the internet.

  42. Jim May 23, 2011 at 1:04 pm #

     Quit bitching and start acting. Legislatures can impeach justices. Start protesting and writing formal letters of dissent. If you dont act now, it will be much easier for them to take more rights later. Ive written two letters so far and I am also organizing a formal petition condemning this action, please do something don’t just haunt the internet.

    • Jrock6467 May 24, 2011 at 3:59 pm #

      How do we sign the petition?

  43. Dwight Doane May 23, 2011 at 5:18 pm #

    war is peace
    freedom is slavery
    ignorance is strength

    • franky May 23, 2011 at 7:31 pm #

      No 

    • jackedu317 May 24, 2011 at 12:20 am #

      telling the truth is a revolutionary act

  44. Dwight Doane May 23, 2011 at 9:18 pm #

    war is peace
    freedom is slavery
    ignorance is strength

  45. Hadrian999 May 23, 2011 at 9:49 pm #

    there is difference for standing up to authority through effective means and acting stupid and getting your head broke for no good reason, forcefully resisting the police at a raid or search will serve no purpose other than getting people hurt or killed, I am opposed to many police actions and powers and advocate fighting them in ways that will yield results. what outcome do you see if someone disagrees with a police search and decides to fight them with force? anything good? Fight them in the courts, fight them in the press, fight them with rallies and protests but getting a beat down and a criminal conviction won’t help anyone.

  46. franky May 23, 2011 at 11:31 pm #

    No 

  47. fill in the balnk May 24, 2011 at 3:37 am #

    How long until people realize they’re living in a police state not any different from Iran?

    When we start getting rounded up for trying to exercise free thought and speach and we as a society no longer have the ability to resist.

  48. fill in the blank May 24, 2011 at 3:42 am #

    I understrand the concept you speak of but the police should not be acting outside the law in the first place.  It’s a pretty sad state of affairs when we have to fear those who are sworn to protect and serve.  The public that is…  Not themselves…

  49. Grooveboss May 24, 2011 at 3:47 am #

    I agree with that it is a police state no doubt. and they got fast cars and guns. if they had no guns like in england i would be a little bit after. Because thats all i see when I see a cop, a dumbass with a gun trying to stay alive in a world that does not want him/her/it

  50. jackedu317 May 24, 2011 at 4:20 am #

    telling the truth is a revolutionary act

  51. Hadrian999 May 24, 2011 at 4:51 am #

    i agree but going heavy with the cops won’t help you any and should only be the last resort as it’s likely to get people hurt bad. in most places you are only allowed to use violence to protect life not property. if things have come to a head and there is rioting in the streets and the government is making war on the people it would be a different story but just a bad search is something for courts and civil protest.

  52. Jrock6467 May 24, 2011 at 7:59 pm #

    How do we sign the petition?

  53. Sueloma May 25, 2011 at 10:27 pm #

    Time to get rid of the conservative court.

  54. Sueloma May 26, 2011 at 2:27 am #

    Time to get rid of the conservative court.

  55. Jefferson Lane Young June 1, 2011 at 8:56 pm #

     In the wise words of The Coup, “Don’t trust the police, no justice, no peace, they got me, face down in the middle of the street”

  56. Jefferson Lane Young June 1, 2011 at 4:56 pm #

     In the wise words of The Coup, “Don’t trust the police, no justice, no peace, they got me, face down in the middle of the street”

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