Todays World News (@TodaysWorldNews) / Twitter

Showing posts with label Search and seizure. Show all posts
Showing posts with label Search and seizure. Show all posts

Sunday, May 15, 2011

Court: No right to resist illegal cop entry into home

The Bill of Rights, the first ten amendments t...Image via WikipediaFor some reason it seems to be of no surprise the more we have such a corrupt administration running this country the more we see our Constitution slip right out from underneath us. The Laws of this land no longer apply. Check this article out.

http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html
INDIANAPOLIS | 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.
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."
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.
The court's decision stems from a Vanderburgh County case in which police were called to investigate a husband and wife arguing outside their apartment.
When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter. When an officer entered anyway, the husband shoved the officer against a wall. A second officer then used a stun gun on the husband and arrested him.

Now lets see what our Constitution actually says.


 http://www.usconstitution.net/const.html#Am4

The Amendments Note

The following are the Amendments to the Constitution. The first ten Amendments collectively are commonly known as the Bill of Rights. History

Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment 2 - Right to Bear Arms. Ratified 12/15/1791. Note
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment 3 - Quartering of Soldiers. Ratified 12/15/1791. Note
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment 4 - Search and Seizure. Ratified 12/15/1791.
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.

Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment 7 - Trial by Jury in Civil Cases. Ratified 12/15/1791.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.







Enhanced by Zemanta

Saturday, December 4, 2010

Friday Night Quick Hits: T-Shirt Printed With 4th Amendment In Metallic Ink Edition | motorcitytimes.com

The Bill of Rights, the first ten amendments t...Image via WikipediaMany great links on this edition of Motorcitytimes.com Be sure to check out the link below for more.
http://motorcitytimes.com/mct/2010/12/friday-night-quick-hits-t-shirt-printed-with-4th-amendment-in-metallic-ink-edition

click for larger image
Brilliant idea:
They won’t find anything except for a challenge to their unwarranted searches.
The Fourth Amendment to the Constitution of the United States, meant to prevent unwarranted search and seizure, is readable on TSA body scanners.
I wish I thought of this one.
Obamanomics Continues to Fail: Unemployment “Unexpectedly” Jumps to 9.8% for November, Obama’s Approval Index Is at Minus 18 (video)
Tax cuts cost money? Huh?
It’s the same idiocy logic that is used with unemployment benefits. The left claims that those who receive benefits will spend it and thus boost the economy. Yes and no. Yes, of course they will spend it, they need it just to get by. No, it provides no boost to the economy. Impossible. It’s not new wealth being injected into the economy. These are just transfer payments moving tax revenues from one group of taxpayers to another. They are merely returning the money they received back into the economy. In fact it’s worse than that because we had to increase the debt to provide the benefits. There is no money left, so we had to sell debt to pay for it which must be paid back with interest so the net effect is a loss. Unemployment benefits are welfare pure and simple. We can debate the merits of them, but call them what they are.
Guess Who’s Paying For The Greece Bailout?…. Let me guess…
Enhanced by Zemanta

Featured Post

The Truth about the Palestinian and Israeli conflict