Saturday, May 14, 2011

Court: No right to resist illegal cop entry into home

Court: No right to resist illegal cop entry into home"INDIANAPOLIS | 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."

Wow. So much for your home being your castle. Thanks to Jeff Hammond for the link.


Anonymous said...

Sadly, “unlawful police entry” in Indiana, just as “illegal immigration” in Arizona, fails to recognize the import of the operative word "unlawful/illegal."

Anonymous said...

"Your home is your castle except in a community association."

HOA lawyer Donna Berger
October 29, 2009

Anonymous said...

Now that the 7th Amendment is dead, perhaps HOA adhesion contracts can include a clause to kill the 4th Amendment:

Oh wait, that's already happening:

The Homeowners Association Loophole
Brian Doherty | January 27, 2003

The FBI didn't need a warrant to search the home of the Almasri family in Florida, who departed "suspiciously" for Saudi Arabia shortly after 9/11. All they needed was to tag along with representatives of the homeowners association, who had the right to enter houses falling under the association agreement for "maintenance, alteration, or repair." Besides that, the Almasris were late paying their association dues.

This Miami Herald story has the details, including this contextual tidbit: Such a tool, while apparently never used in the context of a terrorist investigation, is frequently used by police who have suspicions but not enough evidence for a search warrant...

and this:

HOA Threatens To Break Into Home
Tuesday, January 5, 2010
Then, he received a lawyer's letter warning if the signs don't come down, the association will come and remove them.

A letter from Association Law Group said, "Should no one be home at the time the Association comes, the services of a locksmith will be utilized and you will be responsible for the cost."
But Local 10 has discovered something Elliot and Frye didn't know. According to the by-laws that govern the neighborhood, which Elliot signed when he bought the house, the association does have the right to enter his property and remove any violations after a written notice.

Anonymous said...

IN Sheriff: If We Need to Conduct RANDOM HOUSE to HOUSE Searches We Will
By: Allison Bricker

CROWN POINT, Ind. – According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011. When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.