Police, The Fourth Amendment, Qualified Immunity

Indiana case re resisting illegal(?) police entry into one’s home

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This Indiana Supreme Court case was a criminal case that made national news earlier this year when Indiana’s Supreme Court appeared to decide that there was no Constitutional right to resist an illegal police entry into one’s home.

As reported at the nwitimes.com website, a new Indiana Supreme Court decision apparently narrows the earlier decision, specifically by deciding that the police entry into the suspect’s home was legal. Of course, virtually no one supports a right to resist policemen performing a legal entry,* so this change will probably render the decision much less controversial (and, perhaps, less likely to be heard by the U.S. Supreme Court). Disclaimer: I have not read the new Indiana Supreme Court decision itself, and am speculating based merely upon the linked press account.


* Caveat: At least in cases where the occupant knows it is a police officer making the entry. There might (or might not) be a right to resist even legal police entry in cases where the occupant couldn’t reasonably be expected to know that the unknown parties attempting to enter her home were, in fact, police. In the Indiana case at hand, none of this is relevant because the occupant knew that he was resisting police and not some unknown intruders.

Written by Burgers Allday

September 28, 2011 at 4:57 am

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