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.”
Tag Archives | Fourth Amendment
David Kravets writes on WIRED’s Threat Level:
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A 21-year-old Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area is demanding $250,000 in damages for being detained on a disorderly conduct charge.
Aaron Tobey claims in a civil rights lawsuit (PDF) that in December he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.
“Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.
The University of Cincinnati student didn’t want to go through the advanced imaging technology X-ray machines that are cropping up at airports nationwide. Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down — and remove most of his clothing in the process.
Via Media Roots:
In George Orwell’s 1984, Britain is depicted as a totalitarian police state that is ruled by the Party, or Big Brother — an enigmatic, ubiquitous elite that controls society through heavy surveillance, nationalist propaganda and historical revisionism.
The concept seems like a far-fetched portrayal of a Democratic nation’s demise into totalitarianism, but in America’s “post 9/11” climate of fear, the United States government has been building a comprehensive grid of surveillance and control that bears frightening similarities to Orwell’s fictional narrative.
The glaring difference between the two is that Orwell’s dystopian society is overtly totalitarian. America, conversely, operates under a “soft fascism” – an insidious, systematic method of preventative action and corporate top-down control over society’s media, economy and politics – while maintaining the necessary illusion of personal choice and freedom. A populous with little to no concept of their subjugation makes them the perfect subjects to rule.… Read the rest
A California student got a visit from the FBI this week after he found a secret GPS tracking device on his car, and a friend posted photos of it online. The post prompted wide speculation about whether the device was real, whether the young Arab-American was being targeted in a terrorism investigation and what the authorities would do.
It took just 48 hours to find out: The device was real, the student was being secretly tracked and the FBI wanted their expensive device back, the student told Wired.com in an interview Wednesday.
The answer came when half-a-dozen FBI agents and police officers appeared at Yasir Afifi’s apartment complex in Santa Clara, California, on Tuesday demanding he return the device.
David Kravets writes on Wired’s Threat Level:
Heads spun four years ago this weekend, when AT&T was accused of funneling every one of its customers’ electronic communications to the National Security Agency — without warrants. A Jan. 31, 2006, lawsuit alleged major violations of the Fourth Amendment right to be free from warrantless searches and seizures. Such a sweeping breach seemed far-fetched.
Yet months after the lawsuit was lodged, the Electronic Frontier Foundation produced internal AT&T documents allegedly outlining secret rooms in AT&T offices connected to the NSA, which was siphoning all internet traffic, from e-mails to Voice Over Internet Protocol phone conversations.
But four years and a mountain of court briefs and rulings later, the legal system has never addressed the merits of the allegations — and likely never will. Even Congress has weighed in and passed legislation to prevent the allegations from being heard.
Read More: Wired’s Threat Level