"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.
While protecting police officers is of the utmost importance, there is no overriding prevalence of their safety over the protection of citizens rights in this instance. There are other approaches that can be taken to ensure the safety of officers while preserving rights-like the long practiced art of getting a warrant to enter a home. In addition, police already have the right to protect people they think are in imminent danger. The police don't need the right to barge into peoples home for no reason at all to protect them from violence. This court presents an illegal solution to a false choice. The wholesale demission of the rights of people is unnecessary and frightening.
"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."
ReplyDeleteNO, NO, NO! An arrest that is a product of an illegal search requires no protest in the court system: Such arrest IS illegal and unlawful, and an arrest stemming from an illegal search must be voided. Fruit taken from the poison tree, as the saying goes.
A policy/precedent such as this will most definitely make Indiana less safer as criminals normally prosecuted under due process will be acquitted due to all the evidence being tainted through the police's illegal search methods = more criminals needlessly on the street.
It's madness!