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Dead Constitution
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Title: Patriots Ready for War - Indiana and The Fourth Amendment
Source: [None]
URL Source: [None]
Published: May 19, 2011
Author: .
Post Date: 2011-05-19 00:57:08 by christine
Keywords: None
Views: 304
Comments: 21

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#1. To: christine (#0)

The Indiana Supreme Court has ruled that people cannot keep police from entering their homes, even if the entry is "unlawful."

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.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence.

"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court's decision runs afoul of the Fourth Amendment of the U.S. Constitution.

"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."


Supreme Court ruling in Barnes v. State Pdf:
http://www.nwitimes.com/news/state-and-regional/indiana/pdf_c82cdbb8-7ea0-5c55-bb00-2aa247134bbb.html

Links:
http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

http://www.chicagobreakingnews.com/news/local/chibrknews-ind-court-no-right-to-resist-unlawful-police-entry-20110513,0,1713312.story?track=rss

U.S. Constitution - Article IV, Section 4: NO BORDERS + NO LAWS = NO COUNTRY

HAPPY2BME-4UM  posted on  2011-05-19   1:26:58 ET  Reply   Trace   Private Reply  


#2. To: christine (#0)

Who would of thought the Civil War would start in Indiana?

Because that is what it is , is it not?

Already some Law enforcement are jizzing their drawers at their new found illegal authority freedom4um.com/cgi-bin/re...ArtNum=133425&Disp=28#C28

They can't wait to start going into their fellow citizens homes to raid what they want and do what they like. And that is gonna cost lives.

Live free or die!

titorite  posted on  2011-05-19   1:33:48 ET  Reply   Trace   Private Reply  


#3. To: HAPPY2BME-4UM, *Jack-Booted Thugs* (#1)

" ...if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Biggest load of crap I've read today. The "remedy" is DEAD PIGS.

FTP......

__________________________________________________________
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"

“The best and first guarantor of our neutrality and our independent existence is the defensive will of the people…and the proverbial marksmanship of the Swiss shooter. Each soldier a good marksman! Each shot a hit!”
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941

X-15  posted on  2011-05-19   1:40:03 ET  Reply   Trace   Private Reply  


#4. To: HAPPY2BME-4UM (#1)

Steven David and his two douche pals have committed treason, what is the punishment for treason? time once again to water the tree of liberty.


the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET

IRTorqued  posted on  2011-05-19   2:44:38 ET  Reply   Trace   Private Reply  


#5. To: titorite (#2)

Who would of thought the Civil War would start in Indiana?

Because that is what it is , is it not?

To most Americans with a modicum of knowledge of the Constitutions of the United States and the several States this ruling appears at first blush to be UNconstitutional. That's because most Americans still cling to their unfounded belief in the Constitution's old claim of being the "supreme law of the land."

To most of us this ruling looks to spit in the face of freedom, privacy and everyone's long held belief in a system that "IN REALITY" the people have forfeited. [It's about "the money" or lack of real money].

Indiana has suffered the ravages of de-industrialization and it's a welfare state. I grew up on the eastside of Indianapolis, Indiana. It was a police state then and that's why I left there around 1979. (Most of my family that have remained there moved to the suburbs).

The inner-city (like many in this country) is/was a blue collar working class area as well as a maintenance center for the welfare class. Many of the neighborhoods have suffered the destruction and deterioration that seems to follow whenever Blacks or Mexicans take them over. The neighborhood that I grew up in looks today like a war zone because the houses have become dilapidated or burned out shells occupied by crack-heads and illegals.

White people have moved out of these areas and into suburbs in droves to avoid the crime, disease, and filth the Blacks and Mexicans have brought into the city. At one time, before people were forced to sell their homes to minorities these neighborhoods were pleasant and the minorities were limited in their ability to destroy them.

Then the government took it upon itself to force these minorities into neighborhoods that had resisted them for decades and now they too have been destroyed. The TAX BASE has moved out so now these cities find themselves without a means to fund their multi-generational welfare recipients and necessary police state crime prevention.

The FEDS step in to fund the cancerous growth of this inner-city filth through all sorts of programs that are counter productive to say the least and often times include moving these people into the very suburbs whites have sought sanctuary in.

The three judges that have agreed to repeal the 4th Amendment should simply be terminated because their joint decision was "dead" wrong. But the larger question is how long will we accept these communists making decisions for us. These (elites) folks never suffer the repurcussions of their decisions, it's the middle class that pays the price often times in blood because the races do not get along.

Moving the inner-city trash into my old neighborhood cost me personally a couple hundred thousand dollars in property devaluation. The neighborhood where I grew up and everyone kept their little houses up, cut their grass, and kept an eye out for their neighbors benefit has been turned into a crime ridden ghetto by the government officials and the socialist do-gooders that balme the working class for the welfare class.

I have to wonder why seemingly intelligent men would do something so blatantly disrespectful of law that has been in place for centuries. Were they threatened or blackmailed ? The najor cities in Indiana are crime ridden and the cops may have decided too many of them were being killed and wounded in the line of duty.

When I lived in Indy, the cops were the criminals in many instances. Max Britton, was the head of the Indianapolis Vice Squad and a dope dealer. At the time I was in the "Pharmaceutical Sales" business myself and so were most of my friends. We had a system that relieved the local drugstores of their class A stuff, that we re-allocated for a nice profit.

One day, Max Britton (the head of the vice-squad) cmae to the door of a friends house and warned him to stay out of his territory, the black neighborhood.

Another Cop, I can't recall his name offhand, used to take some of my friends out to rob houses when the occupants were gone. He'd sit outside in his squad car while my buddies loaded up the valuables and then put them in the squad car's trunk. This shit was the "norm" and it had to be going on all over town not just the eastside.

Maybe the cops got to these judges. Maybe the cops want carte blanche to rape, rob, and pillage hoosiers. Some might say there are good cops. I'd say, unless they're arresting their fellow officers for the crimes they're commiting ... they're not good !

Whether people resist or don't resist, the cops will claim they resisted. But, this isn't the point of my post. The point of my post is that cops are people too and sometimes they're criminals with a badge.

If hoosiers (Indiana citizens) want to overturn this ruling they'll have to hope the FEDERAL SUPREME COURT does it for them otherwise they'll have to kill some cops (and maybe some judges). The entire nation will be watching this case closely because it's actually the legalization of a jack-booted STATE and will be followed by roving gun confiscations.

One last thought, the cops and the judges in Great Britain have been discovered to be in most instances MASONIC BRETHERN. I'd bet the "Fraternal Order of Police" and the judges here in Amerika have a similar relationship.

As long as Americans continue to subscribe to the bullshit they're being fed a steady diet of and remain loyal to a mirage called the FEDERAL CONstitution, or to rulings like this blatant piece of dog shit oozing out of Indiana's Supreme Court they are supplying the support necessary for their own destruction and that of their neighbors.

Freedom ain't free ! Every penny you pay the FEDS and most STATES represents you commiting treason against yourself and your friends. Not only that, you're funding the overthrow of the real government. Quit it. (Freedom ain't free but the cost of communism is destitution.)

The people that have been "elected" are turning America into a shit hole unfit for decent folks. The hard worker that keeps his nose clean and pressed to the grindstone is expected to support some crack smoking whore and her illegitimate offspring that will grow up and continue to enlarge the welfare state.

Both parties support this destruction and will continue to do so unless they are destroyed first.

“But when you want money for people with minds that hate, All I can tell you brother is that you have to wait.”

The Beatles, Revolution, 1968

noone222  posted on  2011-05-19   4:55:48 ET  Reply   Trace   Private Reply  


#6. To: noone222 (#5) (Edited)

To most Americans with a modicum of knowledge of the Constitutions of the United States and the several States this ruling appears at first blush to be UNconstitutional. That's because most Americans still cling to their unfounded belief in the Constitution's old claim of being the "supreme law of the land."

=============================================

Quoted you (with comment) HERE.

While you accurately capture the background events why, and what created the Constitutional Crisis in Indiana, you completely miss the mark that the reason the crisis exists in the first place is the failure of government to uphold their sworn oaths to enforce Article IV, Section 4 of the United States Constitution.

U.S. Constitution - Article IV, Section 4: NO BORDERS + NO LAWS = NO COUNTRY

HAPPY2BME-4UM  posted on  2011-05-19   7:15:22 ET  Reply   Trace   Private Reply  


#7. To: HAPPY2BME-4UM (#6)

Man, I had a lot of spelling fubars ... hahaha !

Thanks for noticing and re-posting that rant.

“But when you want money for people with minds that hate, All I can tell you brother is that you have to wait.”

The Beatles, Revolution, 1968

noone222  posted on  2011-05-19   7:41:01 ET  Reply   Trace   Private Reply  


#8. To: noone222 (#7)

Let me know if you want it taken down.

U.S. Constitution - Article IV, Section 4: NO BORDERS + NO LAWS = NO COUNTRY

HAPPY2BME-4UM  posted on  2011-05-19   7:52:42 ET  Reply   Trace   Private Reply  


#9. To: noone222, All (#5) (Edited)

[It's about "the money" or lack of real money].

Indiana has suffered the ravages of de-industrialization and it's a welfare state.

Around here I see men who probably don't qualify for welfare (or don't want to resort to that) holding signs saying, "Will Work for Food". There should be community centers that will offer various job assignments that they and others could help out with where the time worked can be used to purchase meals, groceries, clothing, needed household items, applied towards payments on a vehicle, and such; maybe even applied towards living quarters in an abandoned or donated hotel complex that needs repairs and kitchenttes built. Like a voluntary club, non-profit and no money transactions -- just labor in exchange for food and items and housing contributed to the project by sponsors and members of it.

Edited for spelling and punctuation.

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2011-05-19   8:39:58 ET  Reply   Trace   Private Reply  


#10. To: christine (#0)

[It's about "the money" or lack of real money].

So in order to boost municipal revues the US constitution had to be thrown in the toilet....god damnit.

titorite  posted on  2011-05-19   17:34:58 ET  Reply   Trace   Private Reply  


#11. To: HAPPY2BME-4UM (#8)

Let me know if you want it taken down.

No way - I appreciate the repost.

“But when you want money for people with minds that hate, All I can tell you brother is that you have to wait.”

The Beatles, Revolution, 1968

noone222  posted on  2011-05-20   7:04:08 ET  Reply   Trace   Private Reply  


#12. To: christine (#0)

It gets even worse.

Not one week later the Supreme Court of the United States also displayed their anti fourth amendment position in a Kentucky case. seattletimes.nwsource.com.../2015072154_scotus17.html

WASHINGTON — The Supreme Court on Monday gave police more leeway to break into homes or apartments in search of illegal drugs when they suspect the evidence might be destroyed.

The justices said officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs.

Residents who "attempt to destroy evidence have only themselves to blame" when police burst in, Justice Samuel Alito said for an 8-1 majority.

related articles.

www.latimes.com/news/sc-d...-20110516,0,6820148.story

www.nypost.com/p/news/opi...ps_we351Ehw7A2djUaAK4UeXN

my.firedoglake.com/raniak...-police-state-looks-like/

So congratulations to us all.... it can no longer be rationally denied....We in the USA do in fact , undeniably , irrefutably , live in a police state tyranny.

God help us.

titorite  posted on  2011-05-21   14:29:48 ET  Reply   Trace   Private Reply  


#13. To: titorite (#12)

The justices said officers who smell marijuana and loudly knock on the door may break in if they hear sounds that suggest the residents are scurrying to hide the drugs.

Thanks, Justice Alito, you just gave every cop in America the perfect defense to illegal entry and suppression of civil rights under color of law: "I smelled pot and heard a toilet flushing so I rushed in to SAVE AMERICA FROM EVIL DRUGS!!"

__________________________________________________________
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"

“The best and first guarantor of our neutrality and our independent existence is the defensive will of the people…and the proverbial marksmanship of the Swiss shooter. Each soldier a good marksman! Each shot a hit!”
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941

X-15  posted on  2011-05-21   14:54:55 ET  Reply   Trace   Private Reply  


#14. To: titorite (#12)

cops who break into a residence under the color of law only have them selves to blame when they take that one-way trip to room temperature.


the most factual thing ever posted by buckeroo
I have no freaking' clue. buckeroo posted on 2010-07-24 21:33:00 ET

IRTorqued  posted on  2011-05-21   19:39:45 ET  Reply   Trace   Private Reply  


#15. To: IRTorqued, 4 (#14)

Put the link to 4 in your email signatures.

I can't tell you the response that I've received.

People know that things are effed up.

Let's give them some possible solutions.

Somewhere in Kenya, a village is still missing its idiot.

Lod  posted on  2011-05-21   19:51:05 ET  Reply   Trace   Private Reply  


#16. To: noone222, 4 (#5)

Can I just bump this entire post, and say thanks for putting into words what has happened to many of us throughout the country. To those who care about politics, Mitch Daniels, the new saviour of the Republican party, appointed Judge David to the bench. If Mitch Daniels can do this to the people if Indiana, just think what he can do for the nation.

****** **************

Indiana Governor Mitch Daniels named Judge David to succeed Justice Theodore R. Boehm who retired September 30, 2010.

"Now more than ever, we need access to the crucial authorities in the Patriot Act"

- Attorney General Eric Holder

Jethro Tull  posted on  2011-05-21   20:10:57 ET  Reply   Trace   Private Reply  


#17. To: GreyLmist (#9)

There should be community centers that will offer various job assignments that they and others could help out with where the time worked can be used to purchase meals, groceries, clothing, needed household items, applied towards payments on a vehicle, and such; maybe even applied towards living quarters in an abandoned or donated hotel complex that needs repairs and kitchenttes built.

I'd agree 100% and add that a "free" monetary system (not debt based or based upon the "gold only" standard) transparent and operated according to monetary science by a legitimate government based upon the needs and number of the people should be implemented immediately and every banking CEO in America hung by their scrawny necks, while every son of bitch in politics that accepted the banker / corporate bribes awaits his/her turn to swing.

“But when you want money for people with minds that hate, All I can tell you brother is that you have to wait.”

The Beatles, Revolution, 1968

noone222  posted on  2011-05-22   7:06:01 ET  Reply   Trace   Private Reply  


#18. To: Jethro Tull (#16)

Can I just bump this entire post, and say thanks for putting into words what has happened to many of us throughout the country.

Thanks for noticing JT ... and even worse has happened to others !

No More Terry Schiavo's, No More Wacos, no more Ruby Ridges ... No more Sammy Weavers ... I cry every time I think of this innocent kid getting it in the back at the hands of THE FEDERAL BANKERS (government) FUCKING ASSASSIN ... I cry because I have a son born in 1981 that was close enough to the age of Sammy Weaver for me to relate ... I can't imagine the evil thoughts and deeds I'd have become capable of had the same thing happened to me and my son.

Actually, if Weaver wanted to form a posse to go after shit eating baby-killers like Lon Horiuchi - I'd join up in a heartbeat ! There would be an infinite number of qualified targets.

“But when you want money for people with minds that hate, All I can tell you brother is that you have to wait.”

The Beatles, Revolution, 1968

noone222  posted on  2011-05-22   7:16:07 ET  Reply   Trace   Private Reply  


#19. To: noone222 (#5) (Edited)

Indiana

a welfare state

I'm guessin' that Indiana ranks high on the "disability" state scale.

To get disability, one can qualify by simply being a drug addict or a drunk who becomes a willing "mental patient" to recieve the disability cash and all of the other benefits.

Several people I am familiar with have allowed themselves to fall into this "disability trap." Many others, who certainly aren't disabled in any other way except for their drug habits, are diligently striving to get on the disability gravy train.

The crooked lawyers peddle these disability dream packages. The sucker follows the advise of the shyster, visits the shyster's quack doctors and psychiatrists. The quack psychiatrists and doctors make the call, these "suckers" need their care desperately, and prescribe mind altering, brain damaging and chronic illness inducing Big Pharma drugs to these "suckers," and soon, the sucker really is "disabled."

The shyster and the quacks make a real killing. The unsuspecting sucker sits at home or in a corporate halfway house vegetating, and the corporate "support home" gets 70% of the disability moneies for caring for the now truly disabled suckers care. The sadistic fraud results in billions and billions of government dollars being generated for the corporate quacks and their corporate hospitals.

sizzlerguy  posted on  2011-05-22   8:53:41 ET  Reply   Trace   Private Reply  


#20. To: noone222 (#17)

I'd agree 100% and add that a "free" monetary system (not debt based or based upon the "gold only" standard) transparent and operated according to monetary science by a legitimate government based upon the needs and number of the people should be implemented immediately

:) (Typo correction: kitchenettes) I'm glad that you agree and on immediate implementation but I'd rather see no big government involvement and its red tape hurdles. The Federal/State governments already want to make the poor work wherever they're told to report for duty as volunteers in order to get food stamps and other assistance. I suspect that big government is profiteering by some sort of hourly wage accounting process from their assigned usage, like they're low- level government workers that can be subcontracted on the cheap by coercion, whether they want to do a particular job or not or are unable to get there for some reason. A community center project would respect their labors and job choices as their own and they could work with dignity for what they need or want while helping to improve conditions within the community, which might also be too poor to afford repairs and upgrades otherwise. They wouldn't be treated as beggars and a robo- workforce for whatever the government dictates, as if they are its prisoners or serfs. If the local governments or sponsors wanted to donate old, abandoned properties for repairs/upgrades in exchange for housing and provide some vehicles that could be salvaged for transportation to work sites, that could be mutually beneficial for them too in the long run because the property values and commerce might be increased considerably for those tax areas. Maybe the homeless problems would be solved for many until they can find conventional employment and housing.

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2011-05-23   15:01:42 ET  Reply   Trace   Private Reply  


#21. To: sizzlerguy, All (#19)

The sadistic fraud results in billions and billions of government dollars being generated for the corporate quacks and their corporate hospitals.

Informative post.

-------

"They're on our left, they're on our right, they're in front of us, they're behind us...they can't get away this time." -- Col. Puller, USMC

GreyLmist  posted on  2011-05-23   15:07:47 ET  Reply   Trace   Private Reply  


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