Indiana Supreme Court: citizens have no right to resist unlawful police entry


Howard Portnoy
Examiner
May 16, 2011

In a move that flies not only in the face of the U.S. Constitution but defies common law dating back to the Magna Carta of 1215, the Indiana Supreme Court has ruled that residents of the Hoosier state have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David, writing for the majority, expressed the view that

a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. 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.


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