Well, here's the thing. These court decisions aren't "law" per se. The courts are to interpret and apply the laws, they are not to legislate from the bench so to speak. We have a legislative branch of government for a reason... Is that always true? Hell no, not based on the nonsense we've had to live through for decades. If they pull that shit, perhaps THIS shit (this shit right here) will help: Massachusetts Court: Marijuana Smell Not Enough for Traffic Stop I wold go into court with a replica of the Constitution/Bill of Rights, covered in dust. I would make a dramatic scene by blowing/ whiping the dust off and simply read: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
It sucks, but that has been going on for some time...asshats abusing the system to make your life difficult... asslicker (H. J. anslinger's name correct spelling imho) did this and we still have to put up with his lies... your neighbors can call and claim they smell pot growing, being smoked, and there are kids in the house...bang bang boom the police raid your house and shoot your 'ferocious' Yorkie because it 'charged at them'...
Oh, and while on the topic of what I do or do not have the right to do. [ame=http://www.youtube.com/watch?v=hWiBt-pqp0E]YouTube - YOU HAVE NO RIGHTS - George Carlin[/ame] holdin it down from the grave, Carlin has come to lecture the masses
It's terrible because now it's as little as an accusation. A beat cop on a simple patrol could be told by some ratfuk, "the guy across the street has a pound of weed" and if the officer felt like "playing the role" he could just walk into your home, also he do it because now, he can do it. No warrant, no worries about a false accusation, I'm chillin' then all of a sudden; now what? Dude, someone came in my house yelling and I shot him. Now what if a bunch of assholes decide to dress up as "cops" since they can just walk into your house. Who are you going to call? Wait till you get to the station right? They are real cops right? They have real guns right? They have our weed now right?
*Invokes second ammendment, as well as lawfully shooting trespassers. Any man that busts through my front door (forcefully) is a dead man.
What doesn't get you put in jail these days? I'd rather get thrown in jail for resisting then get thrown in jail for being a bitch. but thats just me
I don't see how society can function if a cop can essentially just barge in to your house. For one thing cops are mostly immune from civil liability. You can't really sue them and you can't do much more than complain. These two rulings have the effect of saying that cops don't need to knock to enter with a warrant and that they don't really even need a warrant because you can always complain. They can always say that they smelled smoke; they heard a noise or saw someone run in to the house. They can make anything up. Apparently then the police can can break in to your house when your not there with out a warrant as well because who is going to stop them? I actually know a guy who had police crawl through his apartment window because of a loud noise coming from inside and they found weed on his dresser so they busted him when he got home. He didn't even stand up for his rights. He entered a guilty plea like most do. Imagine you are in your kitchen peeling potatoes and a cop walks in for what ever reason and suddenly feels threated by the knife your holding. You are likely to get tazed, maced or shot. Perhaps all three. Imagine your cleaning your guns for a hunting trip. Maybe there is a green sock rolled in to a ball on the couch and in the low light he thinks its a grenade and blows your ass away. I know thats extreme but stuff like that does happen. The whole entire notion is not even workable. So anyways, check out my new apartment.
if the cops enter unlawfully, yeah you might go to jail, but the case will be thrown out in court. the indiana supreme court didn't say it was legal for them to enter a residence without cause, they just said it was illegal for you to resist them..... so if they enter illegally and find an oz. you might go to jail initially but the case will still be thrown out in court because it was not a legal search.
that won't stop them from doing it. It'll be the first million dollar settlement violation of civil rights lawsuit that stops them.
My biggest issue is that there is nothing,nothing to stop any police officer (KGB) from walking into your home as long as he can come up with cause. It's forcing the public to have to accept that police (KGB) are trustworthy and would never do something like, taking advantage of a newly found power. You will be arrested if you resist unlawful entry by police officers (KGB). The key word is unlawful. If a police officer (KGB) does not have a lawful reason to search your personal property then the court believes it doesn’t matter. You must let them search.This law now provides police officers (KGB) blanket protection to enter your home or search your car for any reason at any time and there is nothing you can do to stop them. Search warrants or probable cause are no longer needed. I envision a police officer (KGB) showing up on your doorstep asking you if he can come inside and you have no choice but to say yes. If you resist or prevent the officer (KGB) from entering you could be subject to arrest. The same shit used to go on years ago, in a place we were supposed to be afraid of, a place called the Soviet Union. When did the "WALL" get put back up?
Probably when people finally realize that casting a ballot every 4 years is not doing shit to change anything. We really, really need to stop thinking of things in terms of Republican/Democrat, liberal/conservative. We are all humans on a little blue planet. What kind of world do you want your children to inherit? "Think globally, act locally." Oh, and it would be nice if the police/military would stop following orders that only serve to kill, torture, or oppress people.
how predictable that everyone chooses to ignore what actually happened... The police were called in due to a domestic dispute between a man and his wife. If police dispatch works anything like EMS dispatch, then all they knew when they got there was "domestic disturbance." They arrive at the house, knock on the door, and the man tells them to go away. For all they know, the guy could have just murdered his wife. It's their job to make sure everything's kosher, and for fuck's sake, I would personally be outraged if they DIDN'T do what they did. Put away your childish "I hate cops because it's super cool to hate cops" bullshit for a minute and think about the situation. They see battered women all the time, and you expect them to just walk away because the guy says everything's fine? They have a duty and a responsibility to investigate, whether the guy likes it or not. You really want cops to just walk away from a situation like that?
Question is did you actually read the law? I understand the situation that initiated this turn of events and I agree in a domestic violence situation the police should be able to enter the home, and so did Justice Rucker, but he still voted against it because; Fellow Indiana Supreme Court Justice Robert D. Rucker issued a blistering dissent, claiming: The common law rule supporting a citizen's right to resist unlawful entry into her home rests on a very different ground, namely, the Fourth Amendment to the United States Constitution. Indeed, "the physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed." Payton v. New York, 445 U.S. 573, 585 (1980). In my view it is breathtaking that the majority deems it appropriate or even necessary to erode this constitutional protection based on a rationale addressing much different policy considerations. There is simply no reason to abrogate the common law right of a citizen to resist the unlawful police entry into his or her home. Rucker added that 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, consent, or exigent circumstances. And that their sole remedy is to seek refuge in the civil arena." Don't assume I dont know what I'm talking about or hating on cops. I like the police and support the police, but I'm realistic and I know there are bad cops who do shit for their own self gain, I've witnesed living outside Chicago police taking advantage for the own gain. Living in NW Indiana I know enough police in the area to see that law being used as a new advantage.