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


Copyright 2011 FOX19. All Rights Reserved.