• Twitter
  • Facebook
News-Sentinel.com Your Town. Your Voice.
Opening Arguments

That case, again

Good for him -- Attorney General Greg Zoeller has joined the chorus of critics urging the Indiana Supreme Court to revisit its 3-2 ruling that "the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law."

“While there is no right to commit battery against police, I believe the individual has the right to shut the door, stand his ground and communicate with police without engaging in an altercation. In balancing the perils of domestic violence with respect for law enforcement, I will continue to advise our police clients to respect people's Fourth Amendment rights.”

If the court had just stayed with the facts at hand -- involving a domestic battery complaint -- instead of leaping to such a sweeping ruling, it would have been on firmer ground,. Interesting analyisis of the case here.

I still can't quite get over how the very language of the ruling sends such  a chilling message: No right to reasonably resist an unlawful police entry.

Comments

littlejohn
Mon, 05/23/2011 - 2:05pm

When I briefly worked in law enforcement in South Carolina, we were told that the smell of burning marijuana could be legally interpreted as an attempt to "destroy the illegal substance," and we could kick in the door.
If I were trying to hide a nickel bag from the cops, I believe I'd flush it rather than try to smoke the whole thing while the officers are ringing my doorbell.

Harl Delos
Mon, 05/23/2011 - 2:22pm

I couldn't agree more, Leo. This needs to get to the Supreme Court of the United States ASAP.

Justice David (Daniels) wrote the majority opinion with Justices Shepard (Orr) and Sullivan (Bayh) concurring. Justices Dickson (Orr) and Rucker (O'Bannon) both wrote dissents.

Rucker's argument is especially well done.

Decision is here

Quantcast