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Yay! Thanks feminism! Police can now enter homes in Indinana without warrants!

Warrior74

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http://www.nwitimes.com/news/local/...cle_ec169697-a19e-525f-a532-81b3df229697.html

INDIANAPOLIS | 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.
 

Strelok

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All the millions of men who died in WWII in the so called "defence of democracy" are restless in their graves now.

An other confirmation that wars are made from elites to get even more riches instead of defending a principle.
You still think as a citizen you count anything? legal system and politicians simply decide whatever they want about your life and home wheter you agree or not.
 

Bible_Belt

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They're going to say that it falls under one of the exceptions to the 4th Amendment: http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Exigent_circumstance

Typically, the police would have to see or hear the man beating the woman to justify reasonable belief that a crime was being committed. In this case, the evidence they had to suspect domestic violence is occurring will make or break the ruling as it heads to Federal Court and the Federal Appeals process. Because the issue relates to the US Constitution, the Federal Court has the final say, and this one may go all the way to the Supreme Court.

If you're wondering why they're in state court if the Federal Court is in charge, it's because the procedural rules state that you must first exhaust all of your remedies afforded by the state court before the Federal Court will hear your case. In ten years or so, the Supreme Court may rule that the police acted unconstitutionally, and therefore all arrests stemming from the illegal entry must be thrown out...but if you've been sitting in jail for the past ten years waiting for the court to rule, that's just too bad for you. They'll let you out if you're still in jail, but you get no monetary compensation for the unconstitutional imprisonment.
 

Alle_Gory

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I highly doubt that feminism caused this. If anything its just another example of the police wanting more power and control over citizens.
 

JustLurk

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Quote:
INDIANAPOLIS | 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.
From what the article says, the unlawful search is still unlawful, ergo you can sue them for lots of money. Sound good to me!
EDIT: Yes, it only may work out in theory. No, your centuries-old rights have not been completely violated by this. Yes, it is arguable that this and other amendments have perhaps been violated by various other laws.
 

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Warrior74

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Alle_Gory said:
I highly doubt that feminism caused this. If anything its just another example of the police wanting more power and control over citizens.

I was waiting on you. Or someone like you. Trust me, this falls under the VAWA mentality. And that mentality is Wimminz first, everything else second. Do a little reading around the internetz, you'll see. The VAWA and the police are working hand in hand to minimize your rights. They are mutually assisted by this sort of erosion of your rights. Then again, I know that feminism = marxism and police = facist. Neither equal freedom. They will gladly divide the pie until its just them vs. them and no 'us' left.
 

Bible_Belt

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You only get to sue the government for money for extreme Constitutional violations, and courts have ruled that only wrongful killings and 'police beat'em up' cases like Rodney King are worthy of monetary damages. If the police are doing typical cop stuff, even if they violate your Constitutional rights, you don't get to sue them for money. Your only remedy is to have the conviction overturned on appeal, and you still have to sit in jail while you wait for that to happen.
 

Alle_Gory

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Warrior74 said:
And that mentality is Wimminz first, everything else second.
LOL.

You think they give a damn about women? They use any excuse available to increase their power and control. It's what they do. They'll use women's rights, the threat of terrorism, civil disobedience and protests and any other vehicle including children to increase their power and decrease yours as a citizen.

They don't give a damn about women. Cops only give a damn about other cops. The more corrupt the better it seems. They're afraid of good, clean cops.
 

Warrior74

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Alle_Gory said:
LOL.

You think they give a damn about women? They use any excuse available to increase their power and control. It's what they do. They'll use women's rights, the threat of terrorism, civil disobedience and protests and any other vehicle including children to increase their power and decrease yours as a citizen.

They don't give a damn about women. Cops only give a damn about other cops. The more corrupt the better it seems. They're afraid of good, clean cops.

We are totally not disagreeing here.
 

Rogue

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Bible_Belt said:
You only get to sue the government for money for extreme Constitutional violations, and courts have ruled that only wrongful killings and 'police beat'em up' cases like Rodney King are worthy of monetary damages. If the police are doing typical cop stuff, even if they violate your Constitutional rights, you don't get to sue them for money. Your only remedy is to have the conviction overturned on appeal, and you still have to sit in jail while you wait for that to happen.
I remember from some criminology classes that the government can be sued if the plaintiffs can prove the violations of rights were a pervasive systematic problem, meaning of course not an individual case but aggregate police behavior.
 

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Rogue said:
I remember from some criminology classes that the government can be sued if the plaintiffs can prove the violations of rights were a pervasive systematic problem, meaning of course not an individual case but aggregate police behavior.
Yes. The government actually can be sued for money in several circumstances, but only at their consent, which typically means through a law passed by Congress. One would sue pursuant to the statute, which will spell out all of the things the government can't do and often even the penalties involved.

To add some made-up facts to this case, if the guy had been a member of a racial minority and his attorney happened to find an email that the chief of police forwarded to all officers that said to always enter the homes of "those people" without regard to their Constitutional rights, then that is the type of extreme example where the guy would actually get money out of the state.
 

Brighty

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Disturbing, considering I used to live there.

So here's a question - what's to stop a criminal from dressing up as a policeman or claiming to be one to get entry into someone's house?

Before this, as a homeowner, you didn't have to let anyone into your house if you didn't want to, so if someone tried to dress up as a cop and get into your house, you could just tell them to fvck off unless they had a warrant. Now, you have to let them in even if they have no warrant? Meaning anyone who was convincing enough can just walk into your home? Isn't this posing a huge new danger?
 

Julius_Seizeher

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Law enforcement and the legal environment in Indiana is very tough-it is the last place you want to break any kind of law. I go up to a lake in northern Indiana every summer, it's a great state but you don't **** around there.

But it's also a red state and I really don't see this sitting very well, even with a pro-LEO constituency. You can bet the Tea Party will be all over it.
 

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The US Supreme Court just ruled, in a 8-1 decision (Ginsberg the only dissent), the police can enter your home without a warrant if they smell marijuana emanating from the home and the police hear what they think may be the destruction of evidence (flushing toilets, trash compactors, etc), ruling it was an exigent circumstance. This ruling, while limited in its legal applicability, will have much broader impact than the Indiana ruling, geographically and politically, i.e. the drug war.
 

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I'm so glad I left last year the horrible and upressive city of Miami for a warm and mountainy part of Russia near black sea! A lot of people associate Russia with brutal dictatorship, but reality is much different. Cops are friendly here and don't use botans, usually if there is a problem everything could be resolved with words. Money is out here ready to be made. End of the world and NWO is just a reason to party here. Miles away from stress. I just get online once in awhile to read your news, boy am I glad I escaped the American USSR before they closed the border!
 

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Drdeee said:
I'm so glad I left last year the horrible and upressive city of Miami for a warm and mountainy part of Russia near black sea! A lot of people associate Russia with brutal dictatorship, but reality is much different. Cops are friendly here and don't use botans, usually if there is a problem everything could be resolved with words. Money is out here ready to be made. End of the world and NWO is just a reason to party here. Miles away from stress. I just get online once in awhile to read your news, boy am I glad I escaped the American USSR before they closed the border!
What are the major industries? Software? Mining and oil?
 

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I forsee higher mortality rates in home invasions for LEOs and law abiding citizens.
 

Quiksilver

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Brighty said:
Disturbing, considering I used to live there.

So here's a question - what's to stop a criminal from dressing up as a policeman or claiming to be one to get entry into someone's house?

Before this, as a homeowner, you didn't have to let anyone into your house if you didn't want to, so if someone tried to dress up as a cop and get into your house, you could just tell them to fvck off unless they had a warrant. Now, you have to let them in even if they have no warrant? Meaning anyone who was convincing enough can just walk into your home? Isn't this posing a huge new danger?
Yes, you could accurately predict that the incident rate of officer-impersonation by burglars and home invaders will rise due to this legislation.
 

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Alle_Gory said:
What are the major industries? Software? Mining and oil?
Man the country was divided, territory the size of US was taken from it, and still it's huge. Would cover US and span Atlantic all the way to Europe I think. Point is it's different in every place. Black Sea is a tourist jewel, season starts in May and ends in October. Everything associated with tourism is number one industry here. Then comes stuff associated with building everything from roads, skyscrapers to bridges and dams. They readying for Olympics.

But honestly you don't even think about this stuff here. There are plenty of jobs, and good English sets you ahead of the rest. Keep in mind that a lot of people left Russia, they don't know what they missing! It's wonderful here, I feel truly free, and you can have a great life without getting into debt.

First thing you'll notice if you come over is your skin having a healthier look to it. Has to do with most food here being natural. GMOs in food and fluoride in drinking water is known to be bad here.

In US weather modification is in hush hush, if you ask about chemtrails, they'll label you nuts and put you in a tree. Here they spray sh1t in the air and don't hide it. It's a much more open society. A trick like blowing up towers and blaming bin laden for it would never fly. People are smart here. They lived under tyranny for a long time, word slovac originates from word slave, and I guess it's genetic to value freedom. In US they use word freedom left and right without much meaning to it, but here it's really valued. Russia is a real constitutional republic.
 

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Just to show you how chemicals in products are frowned upon here. You all drink beer. Well here it's not cool drinking beer out of bottles. If you want beer you buy live beer. It's fresh and without preservatives, lasts two days in your fridge. The sh1t in bottles turns out is not even a beer, but beer alternative full of chemicals. That budweiser you drink is not beer. Eventually it will cause liver problems, cancers, and great sh1t like that. So if you gonna drink, only drink live beer.
 
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