Daily Archives: May 13, 2011
Stunning court decision in Indiana–Hoosiers have no right to resist illegal police entry into their home
No, you read it right. That’s what the Indiana Supreme Court decided in what would be a laughable finding if it wasn’t so serious:
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.
The author of the story reporting this is right – somehow the ISC managed, in one fell swoop, to overturn almost 900 years of precedent, going back to the Magna Carta.
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. [emphasis mine]
Or said another way, your home is no longer your castle.
“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.”
Wrong – in Indiana
"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," David said. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."
David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.
What part of “unlawful” doesn’t Justice David understand? What part of the right of the people to “be secure… shall not be violated” wasn’t taught to him in law school.
How secure is anyone in their “persons, houses, papers and effects” if, per David, a police officer can waltz in any home he wants to “for any reason or no reason at all?”
The given reason by the so-called Justice is resistance is “against public policy?” What freakin’ policy is that? I , for whatever reason, thought our public policy as regards our homes was set by the 4th amendment to the Constitution. Since when does Indiana’s “public policy” abrogate the Constitutional right to be “secure in our persons, houses, papers and effects”?
And, from where I sit, it is the job of the police not to “escalate the level of violence”, not the homeowner. You know, like maybe a polite knock on a door to attempt arrest instead of a battering ram and the violent entry of a full SWAT team to arrest a jaywalker. Maybe a little pre-raid intelligence gathering, or snagging the alleged perp when he leaves the house to go to work, or walk the dog, or go to the store.
I swear, this sort of thing lights a fast fuse in me.
Now we’re to give up our rights because it might “elevate the violence” if we attempt to protect ourselves from unlawful activity. And check out this pinhead’s “analysis”:
Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court’s decision is consistent with the idea of preventing violence.
"It’s not surprising that they would say there’s no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."
So we’ll just throw out your 4th amendment right to satisfy the court’s desire to “prevent violence?”
Screw you Justice David (and the other two Justices) and the horse you rode in on.
I hope your decision is destroyed on appeal and if you’re in an elected office you become very “insecure” in your probability of staying there.
The two dissenting Justices got it mostly right:
Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court’s decision runs afoul of the Fourth Amendment of the U.S. Constitution.
"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, consent or exigent circumstances," Rucker said. "I disagree."
Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling.
But Dickson said, "The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad."
I say mostly right because they indicated that in the case of domestic violence, they too were willing to throw the 4th amendment under the bus.
How in the freakin’ hell can you say “it runs afoul of the Fourth Amendment” and then agree to a partial abrogation of the 4th under certain circumstances?
Oh, and just to point out that this likely isn’t an outlier for this crew:
This is the second major Indiana Supreme Court ruling this week involving police entry into a home.
On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge’s permission to enter without knocking.
Because, you know, it would be just asking too much to have to have the police actually justify a no-knock entrance to a judge, wouldn’t it?
And you wonder why you have to protect your rights daily from attacks within?
Richard Cohen wrote a nasty little piece the other day in which he essentially declared American exceptionalism a myth. There is no such thing, according to Mr. Cohen. We’re all really a bunch of dummies living in a dysfunctional society, because, you know, we were mean to the American Indians once upon a time and we had slaves, or something. Oh, and too much religion.
Michael Moore, on the other hand, finds us to be just a bunch of hypocrites and blathers on about how killing Osama (even though Moore is obviously pleased he’s dead) was a forfeiture of our principles (something Ron Paul apparently agrees with Moore about).
"The Nazis killed tens of MILLIONS. They got a trial. Why? Because we’re not like them. We’re Americans. We roll different."
As I’ll explain later, Moore hasn’t a clue of what he’s talking about – nor does Cohen.
Interestingly, Moore makes this point when talking about the killing:
I know a number of Navy SEALs. In fact (and this is something I don’t like to talk about publicly, for all the obvious reasons), I hire only ex-SEALs and ex-Special Forces guys to handle my own security (I’ll let you pause a moment to appreciate that irony). These SEALs are trained to follow orders. I don’t know what their orders were that night in Abbottabad, but it certainly looks like a job (and this is backed up in a piece in the Atlantic) where they were told to not bring bin Laden back alive. The SEALs are pros at what they do and they instantly took out every adult male (every potential threat) within a few minutes – but they also took care to not harm a single one of the nine children who were present. Pretty amazing. This wasn’t some Rambo-style operation where they just went in guns blazing, spraying bullets. They acted swiftly and with expert precision. I’m telling you, these guys are so smart and so lethal, they could take you out with a piece of dental floss. (And in fact, one of my ex-SEAL guys showed me how to do that one night. Whoa.)
The raid, despite Moore’s blathering and Cohen’s nonsense actually points out why Americans are exceptional. Here’s what CBS News had to say about the details of the raid:
The SEALs first saw bin Laden when he came out on the third floor landing. They fired, but missed. He retreated to his bedroom, and the first SEAL through the door grabbed bin Laden’s daughters and pulled them aside.
When the second SEAL entered, bin Laden’s wife rushed forward at him — or perhaps was pushed by bin Laden. The SEAL shoved her aside and shot bin Laden in the chest. A third seal shot him in the head.
Read that very carefully. Very slowly.
“The first SEAL through the door” did what?
Risked his life to protect the daughters of a mass murderer we’re at war with plotting to kill even more Americans in the future.
And the second SEAL? He didn’t spray and pray, he shoved aside a woman, saving her life, and went precisely after the target.
I don’t dispute Moore’s point about what the SEALs were told to do. I concluded that immediately (and I talk about that on our latest podcast). Had they been told to capture him, he’d right now be cooling his heels in an “undisclosed location” and not enjoying his vacation at all.
Moore thinks we let our principles down when we killed him. I can only say that comes from a very warped idea of what our principles are. Justice isn’t a process – it is a result.
Moore puts this out there as an example of what we should have done:
Hideki Tojo killed my uncle and millions of Chinese, Koreans, Filipinos and a hundred thousand other Americans. He was the head of Japan, the Emperor’s henchman, the man who was the architect of Pearl Harbor. When the American soldiers went to arrest him, he tried to commit suicide by shooting himself in the chest. The soldiers immediately worked on stopping his bleeding and rushed him to an army hospital where he was saved by our army doctors. He then had his day in court. It was a powerful exercise for the world to see. And on December 23, 1948, after he was found guilty, we hanged him.
When he was captured, did anyone say “justice has been served?” Nope, that happened when, after his show trial (anyone – was Tojo going to be exonerated or left to live?) -actually, a military tribunal -, he was hanged.
Then and only then was the the term “justice has been served” used. Moore concludes:
A killer of millions was forced to stand trial. A killer of 4,000 (counting the African embassies and USS Cole bombings) got double-tapped in his pajamas. Assuming it was possible to take him alive, I think his victims, the future, and the restoration of the American Way deserved better. That’s all I’m saying.
The resulting justice was the same – both died. However, here is the key point: One after a show trial and AFTER a war had ended (same with Nuremberg), the other at the hands of his enemies DURING a war which he started and was still fighting. If you can’t figure out the difference in those situations, then you’re not the sharpest knife in the drawer. That’s the part Moore and his ilk always forget.
As for American exceptionalism – well you saw a small example of it in the raid demonstrated by that first SEAL in the room. Our armed forces demonstrate that exceptionalism daily as they fight the Taliban and terrorists. It comes from the culture in which they were raised.
I’m reminded of the story Oliver North likes to tell about the young Navy Corpsman in the battle of Baghdad:
By God, if that’s not "exceptionalism" I don’t know what the hell is.
In a townhall meeting, President Obama was confronted with a situation by a former federal worker. I won’t say she was confronting him per se, but she was laying out a less than happy result, for her and her family, of the economic downturn and asking, rhetorically what the President would advise her to do:
Karin Gallo, who jokingly described her job at the National Zoo as "non-essential employee number seven," said she had taken a job in government "thinking it was a secure job" – but that now, she feared for her family’s future.
"I am seven months pregnant in a high-risk pregnancy, my first pregnancy," Gallo told Mr. Obama. "My husband and I are in the middle of building a house. We’re not sure if we’re gonna be completely approved. I’m not exactly in a position to waltz right in and do great on interviews, based on my timing with the birth."
"And so, I’m stressed, I’m worried," she continued. "I’m scared about what my future holds. I definitely need a job. And, I just wonder what would you do, if you were me?"
Obama essentially ignored the personal “what should I do” part of the question to spin an answer that Jim Geraghty at NRO calls “epically wrong”.
The reason for the spin is obvious – it’s a way to throw a scare into the voting population by pretending two things that haven’t happened are happening. And here is the “epically wrong” quote:
"The reason the unemployment rate is still as high as it is, in part, is because there have been huge layoffs of government workers at the federal level, at the state level, at the local level," he said. "Teachers, police officers, firefighters, social workers– they have really taken it in the chin over the last several months. And so, what we’re trying to do is to see if we can stabilize the budget."
"I do want to make a larger point to people, though, that folks like Karin provide vital services," Mr. Obama continued. "And so, when we have discussions about how to cut our debt and our deficit in an intelligent way, we have to make sure that we understand this is not just a matter of numbers – these are people."
Well of course they’re people. So are the 6+ million or so not working in the private sector right now. But let’s get to the numbers shall we? Geraghty provides them:
First, let’s look at the numbers for private-sector employment. All figures come from the U.S. Department of Labor’s Bureau of Labor Statistics:
Recent peak of private-sector employment, June 2007: 116,603,000.
Total private-sector employment in the month Obama became president, January 2009: 109,084,000.
Recent low of private-sector employment, January 2010: 104,933,000.
Total private-sector employment, April 2011: 108,494,000 (Seasonally adjusted: 108,862,000).
So note, we are about 8 million away from the most recent peak in private-sector employment.
Now, let’s look at total government employment (at all levels) for those four months:
June 2007: 22,176,000.
January 2009: 22,471,000.
January 2010: 22,376,000.
April 2011: 22,594,000 (preliminary).
As you can see, in terms of total number of Americans employed in government, there has been no real discernible recession. In fact, the number has increased slightly.
Now let’s look at the number of people employed in state government during these months:
June 2007: 4,918,000.
January 2009: 5,116,000.
January 2010: 5,053,000.
April 2011: 5,253,000 (preliminary).
Again, not only pretty stable, but slowly climbing.
Now let’s look at employment in local government:
June 2007: 14,514,000.
January 2009: 14,583,000.
January 2010: 14,478,000.
April 2011: 14,492,000 (preliminary).
Geraghty updates his numbers when a commenter points out he used seasonally adjusted numbers in one place but not another. It still doesn’t really change the picture or the point that Obama’s just wrong about this:
In the comments, Reno Dave notes that in one case I used seasonally-adjusted numbers instead of non-seasonally adjusted numbers. I have added the non-seasonally-adjusted number for consistency. He notes that using the seasonally adjusted numbers, the total government workforce has varied slightly differently in the selected months:
June 2007: 22,218,000.
January 2009: 22,582,000.
January 2010: 22,488,000.
April 2011: 22,166,000 (preliminary).
You end up with 300,000 or so fewer government workers in the past 16 months. (Notice that the Census hiring effects these numbers a bit; the number of Census employees went from 24,000 in January 2010 to 564,000 in May 2010 all the way down to 1,000 in October 2010. More details here.)
The fact is there has been no significant drop in government employment at all in the past 5 years – none. And of course, who did Obama cite as being the first out the door of these mythical “huge” layoffs? Why "teachers, police officers, firefighters, social workers", of course.
Where did Karin Gallo work?
"My main message to you is that the work you’ve done at the National Zoo’s important," he said. "Every child that you see who comes by and is amazed by those animals, you know, they’re benefiting from your work."
Really? So does that make her a “teacher”? This is the “vital work” Obama was trying to tout earlier?
No offense to Ms. Gallo, and my sympathies to her and her family about her loss of employment – honestly. (Remember that almost $900 billion “stimulus” the prez said would keep unemployment under 8%, Ms. Gallo?) But you know, I went through the same thing last October. I survived and am beginning to thrive. I didn’t even apply to unemployment, although I was eligible.
What Mr. Obama should have said was, “this is a great land and I’m sure you have many talents. Why not look around, assess your strengths and weaknesses and then consider starting a business of your own?”
Instead he tries to sell big government as a huge necessity in which government employed zoo workers do “vital work”.
Or perhaps I should caveat that by saying “should” never be President, given the current occupant who also “should” never have been President.
Romney gave his major health care speech yesterday in which he sounded like he was running as Obama’s VP. It was totally unconvincing. As Avik Roy says at NRO:
Mitt Romney just gave a more articulate defense of Obamacare than President Obama ever has. He continues to believe that the individual mandate is a good idea, despite the fact that the “free-rider” problem is a myth. His effort to make a distinction between Romneycare and Obamacare was not persuasive: If anything, he convincingly made the opposite case, that Romneycare and Obamacare are based on the same fundamental concept.
For him to have any credibility with the right and GOP voters, he had a simple mission: tell them why he signed RomneyCare into law in MA, why it was a mistake and why he was going to fight to repeal ObamaCare.
He did none of those things and thus became, at least in my eyes, an unviable candidate. He obviously has absolutely no problem with the level of government interference in the health care market and certainly isn’t going to be a champion of backing government out of it if elected. In fact, of all sources, the New York Times nails the problem (albeit coming at it from a different direction than me):
Tearing it down [RomneyCare] might help him politically, he said, but “it wouldn’t be honest.” He said he did what he “thought would be right for the people of my state.” A mandate to buy insurance, he said, makes sense to prevent people from becoming free riders, getting emergency care at enormous cost to everyone else.
Where he went off the rails, however, was in not acknowledging that that same logic applies to the nation. Mr. Romney tried desperately to pivot from praising his handiwork in Massachusetts to trashing the very same idea as adapted by Mr. Obama. His was an efficient and effective state policy; Mr. Obama’s was “a power grab by the federal government.”
He tried to justify this with a history lesson on federalism and state experimentation, but, in fact, he said nothing about what makes Massachusetts different from its neighbors or any other state. And why would he immediately repeal the Obama mandate if elected president? Because Mr. Obama wants a “government takeover of health care,” while all he wanted was to insure the uninsured.
That distinction makes no sense, and the disconnect undermines the foundation of Mr. Romney’s candidacy.
I absolutely agree. In fact, the problem isn’t federalism and state experimentation, it is a principle – government, at any level, doesn’t have the right to compel a person to buy something if they choose not too. One of the nasty little problems with big government types is that freedom allows too many choices and Romney is no different than those on the left who’d like to pare those choices down for their convenience and to extend the power and control of government (and their central planning efforts).
Newt Gingrich, who recently joined the run for the presidency, is no different than Romney as his record tells us and don’t let him try to fool you into thinking otherwise. Huffington Post gives a partial list of the times Gingrich has touted health insurance mandates or attempted to argue in their favor from a moral perspective:
At an Alegent Health event in Omaha in 2008, Gingrich said it was "fundamentally immoral" for a person to go without coverage, show up at an emergency room and demand free care.
During the keynote address to the Greater Detroit Area Health Council’s annual Health Trends Conference in April 2006, Gingrich said he would require Americans earning above a certain income level to buy health insurance or post a bond, the Detroit Free Press reported.
In a June 2007 op-ed in the Des Moines Register, Gingrich wrote, "Personal responsibility extends to the purchase of health insurance. Citizens should not be able to cheat their neighbors by not buying insurance, particularly when they can afford it, and expect others to pay for their care when they need it." An "individual mandate," he added, should be applied "when the larger health-care system has been fundamentally changed."
And in several of his many policy and politics-focused books, Gingrich offered much the same.
In 2008’s "Real Change," he wrote, "Finally, we should insist that everyone above a certain level buy coverage (or, if they are opposed to insurance, post a bond). Meanwhile, we should provide tax credits or subsidize private insurance for the poor."
In 2005’s "Winning the Future," he expanded on the idea in more detail: "You have the right to be part of the lowest-cost insurance pool and you have a responsibility to buy insurance. … We need some significant changes to ensure that every American is insured, but we should make it clear that a 21st Century Intelligent System requires everyone to participate in the insurance system."
"People whose income is too low should receive Medicaid vouchers and tax credits to buy insurance," he continued. "Large risk pools (association health plans are one model) should be established so low-income people can buy insurance as inexpensively as large corporations. Furthermore, it should be possible to buy your health insurance on-line to lower the cost as much as possible."
Show me the difference between Gingrich and Obama (or Romney) on their desire to use the power of government to mandate insurance coverage. The fact that Gingrich draws a line at a particular level of income doesn’t change the fact that in principal he agrees that government should have that power.
Just as serious a problem, at least for me, is Gingrich’s stance on global warming. Gingrich appeared in a commercial for the “We initiative” with Nancy Pelosi. The We Initiative is sponsored by Al Gore’s “Alliance for Climate Protection”.
This alone is reason enough, in my book, to totally dismiss a Gingrich run.
Add in his support for an individual mandate for health insurance and his candidacy is DOA as far as I’m concerned. And Romney? On life support with a poor prognosis for the future.