Opinion Forum

IN AG Seeks Reconsideration of 4th Amendment Ruling

May 21st, 2011

By Dan Miller The ruling is far too broad. As noted here, the Indiana Supreme Court recently went far beyond the situation before it in Barns v. Indiana and said “there is no right to reasonably resist unlawful entry by police officers (emphasis added).” Perhaps seeking to emphasize this, the court said, “In sum, we […]

Articles written by Dan Miller
Tags: entry, Fourth Amendment, Indiana, police, reasonable, resistance, unlawful
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Indiana Court Decision Makes Less Sense than Before

May 14th, 2011

By Dan Miller A SWAT raid in Arizona may suggest that homes are becoming No Rights Zones. There are lots of questions about what happened during a SWAT raid apparently gone very wrong in Pima County, Arizona; after more than a week most of them have not been answered. However, combine the news as reported […]

Articles written by Dan Miller
Tags: Arizona, Fourth Amendment, Guerena, Indiana, killing, Pima, police, SWAT
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Death Warrant for Fourth Amendment?

May 13th, 2011

By Dan Miller Fortunately, the Fourth Amendment is not dead. In Barnes v. State of Indiana, the Indiana Supreme Court held on May 12th “that there is no right to reasonably resist unlawful entry by police officers. (emphasis added)” However, the facts of the case as recited in the decision show that this holding went […]

Articles written by Dan Miller
Tags: entry, Fourth Amendment, Indiana, police, reasonable, resistance, unlawful
Categories: Law, News, Politics | Comments (12) | Home