The right to resist an unlawful arrest...

[Coito ergo sum]

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.

http://www.nwitimes.com/news/local/govt ... 29697.html

One problem I see here is with withholding consent. Police often approach their jobs as if a citizen withholding consent is itself "resisting."

I could see a citizen who is simply blocking the way through his front door being busted for resisting... and what if the police say "get out of my way, I'm coming through..." do you have to move? And, if you do move - are you consenting?

I'm torn on this - I can't see myself ever actually resisting an officer's illegal search, but I tend to be in favor of a citizen's right to be unmolested by asshole cops and resist when cops are engaged in unlawful behavior.

In Florida, there is still a right to resist an unlawful arrest.

[Svartalf]

I hope this goes to the Nazgûl and gets duly overturned...

and that the guy will sue that police department and every judge who supported this infamy for enough to make himself and his lawyers multimillionaires.

There's a 4th amendment for a reason, and they had no probable cause.

[Mysturji]

...So the words "Do you have a warrant?" have no meaning in Indiana?

[Svartalf]

apparently not.

and the definition of "probable cause" is a cop is there and wants it so.

I'm expecting a spike in robberies and home invasions perpetrated by criminals posing as police.

[Gawdzilla Sama]

I've been on more than a few entries looking for deserters. We never had a warrant. There was a Federal "want" for the person in question. From discussion about this on other forums I see it as saying "You can't shoot a police officer during a raid."

...So the words "Do you have a warrant?" have no meaning in Indiana?

You don't ask burglars if they have a warrant. So if you ask that question, you've identified the parties in question as police.

[Feck]

UK police didn't have stop and search powers (till the terror laws ) unless they had probable cause , but strangely refusing to be searched gives them retro active cause ....

So the conversations were always funny

Put your hands on the car so we can search you !
-Why ?
Are you refusing ?
-No but I would like to know why first .
Are you refusing ?
-No I'm happy to comply after you tell me why .
Are you refusing ?

ETC ETC ETC

Now they Use terror laws to search you if they think you look like the type of person who might have drugs on them despite being told specifically that the terror laws should not be used to harrass people .

[mistermack]

The article doesn't match the title.

There's no mention of unlawful arrest. Just unlawful entry.

[Mysturji]

They can arrest you for resisting unlawful entry.

[mistermack]

They can arrest you for resisting unlawful entry.

Yes, but that would be a lawful arrest.
Resisting arrest is different to resisting entry.

[Feck]

They can arrest you for resisting unlawful entry.

Yes, but that would be a lawful arrest.
Resisting arrest is different to resisting entry.

Isn't the back door illegal in some states ?

[mistermack]

Isn't the back door illegal in some states ?

Tis in Uganda, so I'm told.

[Coito ergo sum]

I've been on more than a few entries looking for deserters. We never had a warrant. There was a Federal "want" for the person in question. From discussion about this on other forums I see it as saying "You can't shoot a police officer during a raid."

That you can't do. But, can you shoot him if he's beating up your wife during an unlawful search?

...So the words "Do you have a warrant?" have no meaning in Indiana?

You don't ask burglars if they have a warrant. So if you ask that question, you've identified the parties in question as police.

So, why are warrants even required? Just have the police search who they want, and you can find out why they did it at your arraignment...

[Coito ergo sum]

They can arrest you for resisting unlawful entry.

Fair point. My typo. Maybe a kind admin could change the word "arrest" to "entry" in the title...

[Svartalf]

They can arrest you for resisting unlawful entry.

Yes, but that would be a lawful arrest.
Resisting arrest is different to resisting entry.

Isn't the back door illegal in some states ?

Not since Lawrence v. Texas.

[Mysturji]

They can arrest you for resisting unlawful entry.

Yes, but that would be a lawful arrest.
Resisting arrest is different to resisting entry.

Isn't the back door illegal in some states ?

Not since Lawrence v. Texas.

The whole state!?!
Wow! Lawrence was a busy boy!