In Indiana, you no longer have Fourth Amendment protections. You no longer have the right to resist unlawful police entry into your home. Bruce McQuain has the story. In a 3-2 decision, the Indiana Supreme Court essentially killed the Fourth Amendment because they didn’t want to escalate violence or somesuch nonsense.

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.

How did Steven David become an Indiana Supreme Court Justice? Possible Republican Presidential hopeful and current Indiana Governor Mitch Daniels appointed him in September of last year.

Two points:
1) This had better be overturned on appeal, and powerfully so.
2) Mitch had better decide to “spend more time with his family” instead of running for Prez. He’s not what we need.
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Cross-Post

5 comments
  1.  I think you are either over-reacting or way late to the game.  Iowa law, for as long as I have been arrested (did I say that right?), has always held that you have no right to resist an unlawful arrest. Until shown otherwise, I will assume that this has always been the case.  Are you really suggesting that the remedy if a police officer has the wrong apartment is to get out the shotgun and blow him away?   The remedy and redress for almost all violations of our rights has been to take it to the courts.   Are we so far down the road to Revolution that you are ready to fire on any officer who pulls you over at a checkpoint you think is unconstitutional?

    Before you throw Mitch Daniels overboard, should you wait to see what his position on this is?   

    1. Nice straw-man you built there, Mr Shedlock. Nobody is advocating “get[ting] out the shotgun and blow[ing] him away” and I’m sure you already knew that before you built that straw-man. You might want to check your overblown fallacies at the door.

  2. Thanks to John Hitchcock for pointing out the often overlooked (by the public) problem with APPOINTMENTS to the judiciary. ONE BAD APPOINTMENT can undo the work of BOTH the elected legislative and the executive branches of government. REGAIN or RETAIN your rights to choose those who rule from the bench!

  3. Good catch on this story!  Rush just covered this as his FIRST important story after a busy news weekend.

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