Free Markets, Free People

Indiana

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.”

Bzzzzzt.

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?

Amazing.

And you wonder why you have to protect your rights daily from attacks within?

~McQ

Twitter: @McQandO

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Runaway Legislatures: Civility is a process, not just words

Since the tragedy in Arizona, where nineteen people were shot (including U.S. Congresswoman Gabrielle Giffords) and six murdered, talk of “civility” has been plentiful.  The right side of the political spectrum was called to the mat for using such horrible words as “target” and “socialism” and having the temerity to employ Hitler/Nazism comparisons in protest signage (that, the truth be told, they weren’t even carrying).  Sarah Palin and the Tea Party movement were specifically denigrated for employing uncivil “eliminationist” rhetoric that was directly responsible for Mr. Jared Lee Loughner pulling the trigger in that awful event on January 8, 2011.

The gross mendacity (and unintentional preterition) of these charges  against the right generally, and the Tea Partiers specifically, is bad enough.  That they are leveled with abject hypocrisy is even worse.  But politics is not a sport well-played in a tit-for-tat fashion.  Everyone is guilty of hyperbole and hypocrisy at some point, regardless of political afflialiation.

What’s truly galling is the way that “civility” is suddenly determined by the language an opponent employs.  Civility has nothing to do with words, but instead, everything to do with action.  On that score, Democrats are behaving in as uncivil a manner as is possible.

A civilized nation conducts itself according to a defined, written, universally applicable and executable set of laws.  Adherence to such laws are the immutable backbone of any society capable of survival.  Wanton disregard of such laws inexorably leads to chaos and tyranny.  Ergo, “civility” does not depend on people speaking nicely about one another, but upon everyone playing by the same rules.

The current flouting of the legal process in Wisconsin and now Indiana, (and what previously occurred in Texas), is the true definition of uncivil.  Ignoring and actively undermining the electoral process is the epitome of “uncivil” action.  Whatever harsh words may or may not have been spoken before, civility is still entirely dependent upon the process for determining the course of action in pursuit of public goals.  Running away in avoidance of legislative duties smacks of cowardice and worse.  It uproots the civil process.

A common observation of the democracy holds that voting is simply a proxy for violence.  Fleshed out a bit, the process of electoral action is made in lieu of battle.  We could decide the course of society based on bloody battle alone, and let might make right. Instead, civil societies have chosen to allow the consent of the governed to rule, the best of which societies have done so through a responsive and accountable republic.  When the governors cease to heed to will of the governed, however, civil society becomes endangered and trouble is inevitable.

No less than Thomas Jefferson warned of the dangers in pursuing “uncivil” means of governance in the “shot across the bow” leading to the American Revolution, entitled “A Summary View of the Rights of British America” (emphasis added):

And this his majesty will think we have reason to expect when he reflects that he is no more than the chief officer of the people, appointed by the laws, and circumscribed with definite powers, to assist in working the great machine of government erected for their use, and consequently subject to their superintendance

To remind him that our ancestors, before their emigration to America, were the free inhabitants of the British dominions in Europe, and possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them, of going in quest of new habitations, and of there establishing new societies, under such laws and regulations as to them shall seem most likely to promote public happiness. That their Saxon ancestors had under this universal law, in like manner, left their native wilds and woods in the North of Europe, had possessed themselves of the island of Britain then less charged with inhabitants, and had established there that system of laws which has so long been the glory and protection of that country … Their own blood was spilt in acquiring lands for their settlement, their own fortunes expended in making that settlement effectual. For themselves they fought, for themselves they conquered, and for themselves alone they have right to hold

But that not long were they permitted, however far they thought themselves removed from the hand of oppression, to hold undisturbed the rights thus acquired at the hazard of their lives and loss of their fortunes. A family of princes was then on the British throne, whose treasonable crimes against their people brought on them afterwards the exertion of those sacred and sovereign rights of punishment, reserved in the hands of the people for cases of extreme necessity, and judged by the constitution unsafe to be delegated to any other judicature. While every day brought forth some new and unjustifiable exertion of power over their subjects on that side the water, it was not to be expected that those here, much less able at that time to oppose the designs of despotism, should be exempted from injury. Accordingly that country which had been acquired by the lives, the labors and the fortunes of individual adventurers, was by these princes at several times parted out and distributed among the favorites and followers of their fortunes; and by an assumed right of the crown alone were erected into distinct and independent governments

Jefferson later simplified his empirical understanding of how societies work with the infamous quote: “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Another way of comprehending the principle is that a nation of laws only survives as long as the laws are adhered to. Every sovereign, whether composed of one or many, can only retain the authority entrusted to it by the people for as long as it respects that trust.  Once it strays, enough to undermine the confidence of the governed, those “sacred and sovereign rights of punishment” will come into play.  While such an extreme consequence may be remote at this time, there is no good that can come from enacting the foundations for its execution.

When the basis of a democratic republic — i.e. the electoral process — is entirely ignored and, worse, evaded as a politically inconvenient nuisance to the preferred outcomes of the very people entrusted with the public duty to  uphold the republic, is there any doubt that it will fall?

Civility in our political language is certainly useful and desirable, if not actually attainable.  In contrast, civility – i.e. respect for the process and outcomes thereof – is the sine qua non of our democratic institutions.  While we may prefer the former, we really must insist on the latter.

Heading to the exits– more Democrats flee their duties

Apparently “elections have consequences” only works when Democrats win.  Otherwise the try to take their ball and go home  – or to another state in the case of Wisconsin and now Indiana:

House Democrats are leaving the state rather than vote on anti-union legislation, The Indianapolis Star has learned.

A source said Democrats are headed to Illinois, though it was possible some also might go to Kentucky. They need to go to a state with a Democratic governor to avoid being taken into police custody and returned to Indiana.

I’m amazed at the number of people on the left, who were so happy to remind the right about the consequences of elections now support this sort of childish nonsense as a good response to the other side carrying out its agenda as they did theirs.

Today’s fight was triggered by Republicans pushing a bill that would bar unions and companies from negotiating a contract that requires non-union members to kick-in fees for representation. It’s become the latest in what is becoming a national fight over Republican attempts to eliminate or limit collective bargaining.

Imagine that – Republicans attempting to stop the extortion of fees required just to do a job contract.  How freaking dictatorial is that!  Why I imagine the mustachioed visage of the governor will show up on home made signs any second.

And, of course, there’s always a “Baghdad Bob” to be found to spin the unspinnable and somehow do it with a straight face.  Rep Teri Austin (D- Anderson) told the Indiana House speaker that the missing Democrats “continue to be in caucus” and are discussing potential amendments to several bills.  Additionally:

Austin told reporters that “it doesn’t matter where they (Democrats) are at this point. What matters is that they’re trying to figure out a way to save the state from this radical agenda.”

Asked if they were in the state, Austin said only: “They’re working hard.”

Uh, huh … with some in Illinois and some in Kentucky.  Sure they are.

This isn’t the first time they’ve done this:

The last time a prolonged walk-out happened in the Indiana legislature was in the mid-1990s, when Republicans were in control and tried to draw new legislative district maps, eliminating a district that likely would have been a Democrat one, in the middle of the decade. Democrats won that standoff, staying away several days until Republicans dropped the plan.

How desperate are Democrats to protect their new constituency – public sector unions?

Yeah, this isn’t the 1990′s. Different era, different problem and, most likely, different outcome.  Keep helping yourselves like this Democrats – please.

~McQ

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