Indiana: Court Allows Unwarranted Entry by Police

Court: No right to resist illegal cop entry into home

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.


Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court’s decision is consistent with the idea of preventing violence.


Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court’s decision runs afoul of the Fourth Amendment of the U.S. Constitution.

“In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally — that is, without the necessity of a warrant, consent or exigent circumstances,” Rucker said. “I disagree.”

So the motivation for this ruling is preventing violence. I don’t remember that as one of the main tenets of the Constitution. Next, they will make rulings contrary to the Second Amendment because it prevents violence.

This is bad for Indiana. Hopefully appeals will be made.

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