Indiana Supreme Court: No right to resist illegal cop entry into home

[Sola_Fide]

And just yesterday I was laughing at some conspiracy theorist who was going on and on about a police state. Life is quite ironic that way.

Huh?

 

[AFPVet]

I live in Vanderburgh county...I don't recall ever hearing about this.

Looks like it's time to move.

Tyranny is happening globally.

 

[GuerrillaXXI]

qft. Sadly, when I try to explain this to most people, they just ignore it. "it's only a few bad cops" they say (or something like that) It's so bizarre to me because it's not a big secret-the police state violence makes headlines and newscasts all the fucking time.

A good response to the claim that it's "only a few bad apples" is to point out the following:

(1) The vast majority of crimes don't get caught on camera or even get any publicity at all, and crimes committed by police are no exception. All police brutality on YouTube or described in news articles, as common as it is nowadays, is necessarily only the tip of the iceberg.

(2) It's almost unheard of for a cop to get arrested or reported by another cop for abusing a citizen. Yet in most cases when cops abuse citizens, it happens in plain view of other cops who could arrest or report the abusive ones. All cops know that if they abuse a citizen's rights in front of any other random cop, the abuser will not be reported -- and this is evident from numerous taped incidents. This conclusively shows that the police have a code of silence (a.k.a. the Blue Wall of Silence). If they didn't, we would expect to see a cop blow the whistle on one of his "brother officers" at least occasionally.

It would also be good if you can direct skeptics you encounter to some of the links listed in this thread: http://www.ronpaulforums.com/showthread.php?288940-In-re-the-Multiple-Police-Abuse-Threads

 

[malkusm]

I live in Indiana.

Does anyone have the legal knowledge of whether it's possible to recall an Indiana Supreme Court justice??

This would be good to know. If so, maybe we can start a recall movement for the 3 justices that voted this way? I know we have some good people in Indiana...

 

[pmbug]

As of 1965 only California, Delaware, New Hampshire, New Jersey, and Rhode
Island prohibited resistance of an illegal arrest.119 Four of these states did so by statute,120
New Jersey did so by court decree.121 By 1976 there were ten states that had eliminated
the common law right to resist an unlawful arrest: six by statute,122 and four by case law. 123
By 1983 there were thirty states that had eliminated the common law rule: nineteen by
statute,124 and eleven by case law. 125 By 1998 at least thirty-eight states had abrogated the
right to resist an unlawful arrest: twenty by statute,126 and eighteen by case law.127

¶41 Of the twelve states that retain the common law right to resist unlawful arrest, only
three, Michigan, Wyoming, and Oklahoma, are not located in the South. Of these,
Oklahoma is on the border of the region, and the status of the right in Wyoming is
perhaps best described as unclear.128

¶42 The other states retaining the common law right are Alabama, Georgia, Louisiana,
Maryland, North Carolina, South Carolina, Tennessee, West Virginia, and Mississippi.
Two of these states, Alabama 129 and Louisiana,130 endorse the right by statute; the
remaining states endorse the right by judicial decree.131 Several of these states have
considered the issue within the past decade and reaffirmed the common law rule.132

¶43 The geographical distribution of states retaining the common law rule strongly
suggests that regional cultural forces are at work . How can one explain why courts and
legislatures of states in one region of the country have resisted the clear trend towards
abrogation of the right to resist unlawful arrest? In the next section I make the argument
that a possible explanation for the retention of the common law rule by Southern states is
that Southern culture looks upon violence, especially defensive violence, in a manner
different from other regions. The Southern region’s general endorsement of violence as a
means of settling interpersonal disputes is known, in criminological research, as the
“Southern subculture of violence hypothesis.” This hypothesis, combined with the
traditional Southern belief in the importance of personal honor, may help explain why
Southern states in general, and Mississippi courts in particular, continue to endorse the
right to resist an unlawful arrest.

http://www.boalt.org/bjcl/v2/v2hemmens.pdf

Supposedly the Indiana decision relied in part on this paper (cited by the court).

 

[reepotomac]

A little thing you can do about it

Action Alert! Go here and request the song (MyCountry My Ass by John Ringer) and dedicate it to the Indiana Supreme Court. Pick Seymour, Vernon or Austin as your town.
www.wjaa.net/requests.html