Indiana rules that police can enter your home without reason and you CANNOT RESIST

[insertNameHere]

well people already want to take away the 1st and 2nd, guess they figure skip the 3rd because there isn't a need (yet) to quarter troops. Next, the 5th amendment won't mean shit because they will want you to prove decryption keys to access private information that you felt was save in your house that they just walked into.

It funny how they say if someone feels an entry was unlawful, they can take it up with the court. makes me wonder, WTF!!! Your supposed to complain to the same people who made it legal for them to walk into your house, from the article the man and woman were having an argument outside, cops showed up they went inside. It also doesn't appear that the woman was screaming for help when they forced their way into the residence and by all rights the man fought their entry because they were illegally entering, and it should honestly be treated as any other person breaking into your house.

[DrFaroohk]

I dislike this...a lot. Glad I don't live there.

My take: I don't think it's right to just assault a cop. Obviously that needs to be prosecuted. However I think it's totally ok to simply obstruct. Stand in the doorway with your arms folded and refuse to move until he shows a warrant. if said officer tries to phsyically remove you, now HE'S getting violent, and in the process of A) assaulting you and B) having no right to be there in the first place, he loses all of his "cop protections", and he's now just ordinary person, and you get to deal with him the way you would deal with any other joe blow with a gun trying to force entry into your home.

Edit - out of curiosity, why are we not allowed to cut and paste text from other sites, and only provide links?

[Rapscallion]

Edit - out of curiosity, why are we not allowed to cut and paste text from other sites, and only provide links?

Copyright laws and basic respect for other content providers, really.

While I run this place out of my pocket and don't rely on adverts, other places do need the funding to continue operations, so just pasting their content here means a reduction of income for them and less incentive for them to provide content in the first place.

Copyright laws are unlikely to affect us in any meaningful way, but it's something that could occur. While small snippets of text are sort-of allowed under the claim of 'fair use', fair use is a defence instead of anything written into any legal code.

Rapscallion

[MadMike]

It's funny how the police and the powers that be complain that people don't respect the law anymore. Maybe it's because the law has no respect for the people lately.

[protege]

Maybe it's because the law has no respect for the people lately.

Some of it is because they're used to getting their own way. Locally, the Pittsburgh city police have a well-deserved reputation for being assholes. That reputation came about because of a few cops decided that the laws don't apply to them. I have very little sympathy for criminals.

However, when I hear of cops beating up someone, I have a problem with that. From what I understand, the person they roughed up...wasn't even the person they were looking for. The cops in question were supposedly on a stakeout... "protecting the neighborhood because lots of drug activity happened on that street." Sorry, not buying it. There's a huge difference between getting someone on the ground and cuffing them...and bashing their face in. What sucks, is that the cops are still on duty...because the DOJ (not to mention the district attorney) decided that there wasn't enough evidence to go after them.

Sadly, they're not the only department with that reputation. I've heard similar stories about the Brentwood police--remember Johnny Gammage? He was pulled over for "braking excessively" while traveling *downhill* on Route 51...and died while in police custody, after being beaten with flashlights. Those officers basically got away with it. Hell, one even got *promoted* after it! What the fuck is that? Anyway, I have a friend who works as an EMT in Brentwood. She was telling me that they constantly get calls from people being roughed up by police officers. The proof is there, but nothing is ever done about it.

What I'd like to know is, why are people so reluctant to deal with these assholes? In the second case, the DOJ didn't even bother going after the officers and departments involved. Again, what the fuck?

[Andara Bledin]

Some of it is because they're used to getting their own way. Locally, the Pittsburgh city police have a well-deserved reputation for being assholes. That reputation came about because of a few cops decided that the laws don't apply to them. I have very little sympathy for criminals.

Even other cops hate the Pittsburgh police.

My brother actually watched some gang-banger shooting victim bleed out on the street in Santa Ana while the cops refused to let the paramedics treat him. For over 15 minutes. I don't care what it was the asshole did, that is just unacceptable.

^-.-^

[draco664]

Thanks to the decision, Newton County Sheriff says that random house to house searches are now possible and would be helpful.

When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.

I hope the judges are listening. Their idiotic decision is attracting attention.

[protege]

He feels that people will "welcome random searches if it means capturing a criminal?" Are you fucking kidding me? I have nothing to hide in my house. However, I'll be *damned* if some tool with a badge is going to enter and tear the place up looking for 'evidence' that isn't going to be there. Sorry, but fuck that shit. Instead of letting them in, I'd tell them to bugger off...or I'd press charges for trespassing.

[Greenday]

Thanks to the decision, Newton County Sheriff says that random house to house searches are now possible and would be helpful.



I hope the judges are listening. Their idiotic decision is attracting attention.

He does realize that if he does that, any evidence found cannot be used in court, right?

[MadMike]

He feels that people will "welcome random searches if it means capturing a criminal?"

Yeah, because we all hate that pesky Bill of Rights thingy, don't we? In fact, didn't a certain former president say the Constitution was "just a damn piece of paper?"

He does realize that if he does that, any evidence found cannot be used in court, right?

You mean the same courts that said it was OK for the cops to just barge right in? I don't have much faith in the courts anymore. Not after this.

[Greenday]

You mean the same courts that said it was OK for the cops to just barge right in? I don't have much faith in the courts anymore. Not after this.

Then I'd have to suggest rereading this ruling since it just says you can't escalate it to physical violence. Nowhere does it say it's legal to just enter a house without hearing someone in danger or without a warrant. Nowhere does it say that any evidence found in that illegal search can be used as legal evidence. You can still sue the shit out of them when they are done and they still can't use any evidence found.

[insertNameHere]

Random searches.... I'm sorry if I am able to keep my basement meth lab a secret and nobody knows about it, while they technically couldn't prosecute me, I would still likely be out all my equipment or they would "legally" find a way to come back later. It is one of those things that, I shouldn't have to deal with, if you don't fight for your rights you will lose them. And to bad for the cop who got knocked on his ass over stepping his bounds.

[draco664]

He does realize that if he does that, any evidence found cannot be used in court, right?

The Supreme Court disagrees.

Cops can enter a home without a warrant if they smell drugs and hear noises inside that suggest that evidence is being destroyed.

"Yes Your Honor, I smelled weed and heard a toilet flush. So I busted down the door."

"Officer, wasn't this the address that you wanted me to sign a warrant for? But you had no actual evidence to support your case?"

"Yup."

"Huh, who'd have thought that you'd have smelled weed at that exact door? What a coincidence."

[Greenday]

The Supreme Court disagrees.

Cops can enter a home without a warrant if they smell drugs and hear noises inside that suggest that evidence is being destroyed.

"Yes Your Honor, I smelled weed and heard a toilet flush. So I busted down the door."

"Officer, wasn't this the address that you wanted me to sign a warrant for? But you had no actual evidence to support your case?"

"Yup."

"Huh, who'd have thought that you'd have smelled weed at that exact door? What a coincidence."

As I've said, unless they actually witness something, be it seeing, hearing, smelling, whatever, they can't use it as reason to enter and collect evidence.

[Glados]

Cops may be requires to see/hear/smell something in order to search without a warrant but it is going to be the cops word against the residents if the cop claims to have witnessed something.

I remember an officer where I lived before who would always claim to smell pot if he encountered anyone who appeared young. I was the subject of one of his pot searches (I had nothing illegal) after a traffic stop. He decided that we must be criminals anyway and "banned" me from the neighbourhood (that I lived in).

Police can do the same with home searches. The ruling is not broad enough to allow the house to house searches but this sheriff is the reason that this type of ruling is dangerous. He is assuming that not being allowed to resist = unlimited access.

IMO, this ruling is going to come back to bite the courts in the ass. If the police do begin to search randomly then the courts are going to be overwhelmed with complaints and lawsuits. The public and the courts will be unable to trust the validity of any search without a warrant and it will become difficult to use any evidence collected in a warrant-less search.