Resistance is Futile in Indiana
Written by Brian Garst, Posted in The Courts, Criminal Justice & Tort
A man’s home is his castle. He has the basic human right to defend his home against unlawful entry. That is, unless it’s the police breaking the law, according to the Indiana Supreme Court, in which case he just has to bend over and take it.
People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law.
The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said.
“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.
But don’t worry, it’s not like police are busting into innocent people’s homes, murdering them, and then lying about the facts, or anything.
I serve as Vice President of the Center for Freedom and Prosperity, a non-profit think tank dedicated to preserving tax competition and free markets. This site features my personal views, which are not reflective of CF&P.