Indiana Supreme Court Threatened After Allowing Warrantless Searches
May 17, 2011 at 9:04 am
by: Allison Bricker
UPDATE: Facebook Page Calling For Removal of Sheriff Hartman
UPDATE: Indiana Supreme Court Threatened After Ruling Allows Warrantless House to House Searches
INDIANAPOLIS, Ind. – The Indiana Supreme Court has received numerous threats via telephone and email following a controversial decision handed down last Thursday, May 12th, 2011, that “authorizes” police to search homes randomly according to Indiana Supreme Court Spokeswoman, Kathryn Dolan. In a 3-2 ruling in BARNES vs. STATE of INDIANA, a Governor Mitch Daniels appointee, Justice Steven David wrote that under “modern” (post-PATRIOT-Act) jurisprudence, Hoosiers must submit to the violent force of any and all UNLAWFUL searches instigated by law enforcement. The court justifies such intrusion due to individuals having better access to courts, than at the elevation of the right to common-law.
“We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with {SIC} modern Fourth Amendment jurisprudence.”
Justice Steven David
Majority Opinion
BARNES vs. STATE of INDIANA
No. 82S05-1007-CR-343
A Natural Inherent Right of humanity first acknowledged in the English Magna Carta in 1215, the Indiana Supreme Court decreed both the 4th Amendment to the federal constitution and Section 11 of the Indiana state Constitution, null and void, although no mention was given to Indiana’s governing document, despite it being directly in the line of fire.
Section 11. Search and seizure
Section 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
Indiana Constitution
Ratified 1851
Source(s): Indiana Supreme Court Ruling, BARNES vs. STATE of INDIANA No. 82S05-1007-CR-343
May 18th, 2011 at 12:58 am
How timely that a Indiana Supreme Court Justice appointed by Governor Daniels declares the 4th amendment null and void. Will this not have a profound impact on the Governor’s bid for the presidency? You have lost my vote governor, unless this becomes your immediate priority.
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May 18th, 2011 at 9:17 am
lets just make a new law to cover the law that was just broke.law enforcement as it were is just another way to control the people for big brother just like the news….tell us what we want to hear…
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