Reality Check: Indiana Police can enter any home without a warra - Cincinnati News, FOX19-WXIX TV

Reality Check: Indiana Police can enter any home without a warrant

(FOX19) - In a 3-2 decision, the Indiana Supreme Court ruled last month that 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.

Justice Steven David  wrote "we believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern fourth amendment jurisprudence,"

The ruling was based on the case Barnes v. State of Indiana.  A link to that story is at the bottom of this page.

One of the dissenting judges, Justice Brent Dickson said this about the ruling, "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." 

Specifically this ruling stands in direct opposition to the fourth amendment of the United States Constitution  "which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned (a warrant) and supported by probable cause."

Here's what you need to know.

Indiana isn't the only state to do this.  These kinds of laws exist in about half of the states in the Union.  Also, in Indiana, the court has also ruled that if you think the police didn't act appropriately when they illegally entered your home, you can't resist but you can always sue and claim damages. 

A move that some would argue would discriminate against poor and middle class people who have a tough enough time paying for gas, let alone hiring an attorney.

And that is Reality Check    

Sources: 

http://www.courierpress.com/news/2011/may/24/indiana-lawmakers-want-rehearing-police-illegal-en/

http://www.naturalnews.com/032485_Indiana_police_state.html#ixzz1NPGEyPau

http://www.youtube.com/watch?v=oQh86hL9Ktg

Copyright 2011 FOX19. All Rights Reserved.

  • FOX19 HeadlinesMore>>

  • Tillerson warns military action on NK unless diplomacy works

    Tillerson warns military action on NK unless diplomacy works

    Tuesday, January 16 2018 12:23 AM EST2018-01-16 05:23:34 GMT
    Wednesday, January 17 2018 1:25 AM EST2018-01-17 06:25:14 GMT

    The meeting is intended to boost the campaign of "maximum pressure" that the Trump administration has championed to deprive the North of revenue for weapons development. Officials will discuss cooperation on sanctions, preventing the spread of weapons by North Korea, and diplomacy.

    Full Story >

    The meeting is intended to boost the campaign of "maximum pressure" that the Trump administration has championed to deprive the North of revenue for weapons development. Officials will discuss cooperation on sanctions, preventing the spread of weapons by North Korea, and diplomacy.

    Full Story >
  • House panel subpoenas Bannon in Russia probe showdown

    House panel subpoenas Bannon in Russia probe showdown

    Tuesday, January 16 2018 12:33 AM EST2018-01-16 05:33:23 GMT
    Wednesday, January 17 2018 12:54 AM EST2018-01-17 05:54:47 GMT

    The testimony comes just one week after a very public excommunication from Trump's closest confines following the publication of Michael Wolff's "Fire and Fury."

    Full Story >

    The testimony comes just one week after a very public excommunication from Trump's closest confines following the publication of Michael Wolff's "Fire and Fury."

    Full Story >
  • Dems accuse GOP official of 'amnesia' on Trump vulgarity

    Dems accuse GOP official of 'amnesia' on Trump vulgarity

    Tuesday, January 16 2018 12:43 AM EST2018-01-16 05:43:27 GMT
    Wednesday, January 17 2018 12:25 AM EST2018-01-17 05:25:06 GMT

    Word of Trump's comments threatened to upend delicate negotiations over resolving the status of the hundreds of thousands of immigrants who were brought to the country illegally as children. 

    Full Story >

    Word of Trump's comments threatened to upend delicate negotiations over resolving the status of the hundreds of thousands of immigrants who were brought to the country illegally as children. 

    Full Story >
Powered by Frankly