Idiana makes new law protecting the 4th amendment... - Page 2
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Idiana makes new law protecting the 4th amendment...


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Old 06-13-2012, 04:16 AM   #11
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Who do bad cops answer to when they unlawfully perform a search? Other LEOs will protect their "brother" from trouble. Im not at all saying you should shoot cops. But... on a similar subject... a friend was telling me a story today actually of a cop who detained him and tore through everything in his car (dumping his food out on the floorboards) without permission or probable cause. And then refused to give him his name or badge number before leaving. All because he was driving late at night.

Bad cops aren't worried about consequence so much because we lowly citizens have no authority or power to hold them to any standard.
Internal Affairs. Find the number and call them. They don't do the "thin blue line" crap (as often as regular cops do).
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Old 06-13-2012, 12:11 PM   #12
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I can't find the article but there was a man who shot an intruder in his home. Turned out the intruder was a police officer who entered the wrong home on a no-knock warrant. The man was sent to prison and was not allowed to mention the police entered the wrong home at his trial.

This law would have protected him.
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Old 06-13-2012, 02:16 PM   #13
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Short answer? Yes.

A not so short answer....

you bet your butt someone will do this, most likely someone who "feels" they aren't there lawfully (but were called in by someone else residing in that home).


This falls into my category of "jut because you CAN, doesn't absolutely mean you should"
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My only concern is people shooting officers who are there lawfully, but are shot anyway, and now, the officer is dead for no reason because someone decided to shoot first and ask questions later. We'll see how this goes. I hope I am concerned over nothing.
This law came about thanks TO cops kicking down the wrong door...people defending themselves on their own property FROM mistaken cops...THEN the supreme court of IN said it was unlawful to protect yourself from illegal search and seizure.

I cant remember the exact particulars...nor can i find the original story...wish i could.

But the long and the short of it is....it forces the police to be SURE whose door they are busting down, whose family they are terrorizing and whose family pet they are killing.
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Old 06-13-2012, 03:26 PM   #14
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I'm all for this law, but I don't know how this case is why it was put forth. For all intents and purposes, the cops were acting legally on behalf of the wife who called 911. I don't see how this is an unlawful entry to begin with.

http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf
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Old 06-13-2012, 04:47 PM   #15
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Originally Posted by knfxda
I'm all for this law, but I don't know how this case is why it was put forth. For all intents and purposes, the cops were acting legally on behalf of the wife who called 911. I don't see how this is an unlawful entry to begin with.

http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf
I agree that it doesnt apply to this story where the wife called. Just like down here in Florida the "stand your ground" law doesnt need to be changed or rewritten because Zimmerman really didn't follow it anyway.
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Old 06-13-2012, 09:27 PM   #16
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Originally Posted by Yunus View Post
I can't find the article but there was a man who shot an intruder in his home. Turned out the intruder was a police officer who entered the wrong home on a no-knock warrant. The man was sent to prison and was not allowed to mention the police entered the wrong home at his trial.

This law would have protected him.
Protected him from what? The consequences of him being an idiot and not knowing exactly who/what he was shooting at?
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Old 06-13-2012, 09:53 PM   #17
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Protected him from what? The consequences of him being an idiot and not knowing exactly who/what he was shooting at?
So a person clad in tactical gear, unmarked and unannounced breaks down your door and you do what ... lay down and say thank you? just because someone barges through your door dressed in tactical gear using military tactics doesn't make them LEO

as with all the others the 4th Amendment is crystal clear - 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.

the use of no-knock tactics is a violation of the 4th Amendment anyway you look at it. If LE want to use paramilitary tactics against the people they are sworn to protect than they can suffer the casualties of war just like innocent civilians
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Old 06-13-2012, 10:26 PM   #18
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Originally Posted by mrfox556

I think its great and hope Michigan soon follows in Indiana's footsteps. I don't care what you are, if you're unlawfully on my property or in my home, things won't end well for ya...
Amen to that! Im in nevada, very pro gun and protecting the owner of the property ect. I second texas too!
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Old 06-13-2012, 11:08 PM   #19
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I'm all for this law, but I don't know how this case is why it was put forth. For all intents and purposes, the cops were acting legally on behalf of the wife who called 911. I don't see how this is an unlawful entry to begin with.

http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf
If you read the very first paragraph you will SEE what brought this about. The high court ruled that citizens had no right to defend their homes from unlawful entry by police.

THAT is what brought about an uproar from the FREE BORN CITIZENS of Indiana. THAT is why this is now LAW in the land.

Something that shouldnt NEED to be law, but considering we now live in a police state where the minions of the Govt. think they can do whatever they choose in spite of what the constitution says...we have a need for it.

This sends a simple message. Police beware!! Make damn sure you know WHAT and WHERE you're serving the warrant. If you decide you are going to use para-military tactics (no knock searches or like we seen in CO detaining every person in a car in the area of a bank robbery) on citizens...be prepared for actions of war against you and your ilk!!
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Old 06-14-2012, 12:02 AM   #20
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Ok so take what happen in MASS - Boston I believe. Where the Feds chainsawed the wrong door and kicked it in. After a 2 year investigation.. Good ol FBI. Lucky for them it was a woman, her daughter and dog. They said sorry we'll fix your door... Now if this happens in Indiana, is it justified? Im not saying they would deserve to die, the idiots were TRYING to get scum off the street. But im from Texas, and if a chainsaw comes through my door brass is guna be flying... Hope these IN boys dnt make the same mistake.
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