Court: No right to resist illegal cop entry into home

http://www.nwitimes.com/news/local/govt ... 29697.html

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.

"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."

I didn't know we live in East Germany now. This is total crap and I hope this gets appealed to the SCOTUS.

Next they will say that we have no right to resist abridgement of our 1st and second amendment rights. They can take our guns or arrest us for speaking our mind anytime they want.

And our remedy is to fight it out in the courts.

This is how revolutions get started.

Unconstitutional Official Acts

The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be In agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:

The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.....

A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.

No one Is bound to obey an unconstitutional law and no courts are bound to enforce it.

Jon Roland:
"Strictly speaking, an unconstitutional statute is not a "law", and should not be called a "law", even if it is sustained by a court, for a finding that a statute or other official act is constitutional does not make it so, or confer any authority to anyone to enforce it."

16 Am Jur 2d, Sec 177 late 2d, Sec 256:

I don't think this will survive the SCOTUS. Indiana is becoming a pretty strange place these days...

what happened to warrants? my house....no warrant, no entry. period.

So if you are a bad guy and want to do a home invasion, just bust down the door and yell "Police"?

conifermtman wrote: I didn't know we live in East Germany now.

You didn't? It's called the Patriot Act. You know that thing us Lefty's were protesting about few years ago? and you right wing retards told us to sit down and shut up- Remember? Our rights? You cowards said we didn't need them, that we had to give them up so Bush could keep us all safe? Remember now?

Thanks a lot assholes

Justice Steven David (who was appointed by Republican governor) 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.

Facists!

In the videos about searches, it showed that people should exit the house, close the door and stand in front of the door when the police knock. For cars, get out, lock the door and put the keys in your pocket. In this way the police must be very proactive if they attempt to bullying their way in. I assume that if you have your house keys in hand, locking your door there and putting the key in your pocket would be good too.

Enter my house illegally on your feet? Exit it on a gourney!

AV8OR wrote: Enter my house illegally on your feet? Exit it on a gourney!

Yeah....Say that to a swat team Mr. Tough Talker