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» Indiana Supreme Court Trashes Fourth Amendment:

Indiana Supreme Court Trashes Fourth Amendment

Posted by on May 19, 2011 at 2:58 pm.

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- [4th Amendment to the US 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.” (From Justice Robert Rucker’s Dissenting Opinion)

 
Apparently, three members of the Indiana Supreme Court do not understand the Fourth Amendment. In a 3-2 ruling the court ruled that 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. If the courts do not uphold the Constitution, we are in deep, deep, deep trouble. This terrible ruling was supported by Justices Randall Shepard,  Frank Sullivan Jr. and Steven David. Those opposing the ruling were justices Brent Dickson and Robert Rucker. It is interesting to note that the two dissenters were appointed by a Democratic and Republican governor. Of the three  justices voting in favor of the ruling, two were appointed by Republican governors and one was appointed by a Democratic governor. So once again, voting either Republican or Democrat is no guarantee that our constitutional rights will be protected. Already, an Indiana Sheriff claims his department has the authority to make random house to house searches: http://www.mikechurch.com/Today-s-Lead-Story/in-sheriff-if-we-need-to-conduct-random-house-to-house-searches-we-will.html  For those who support the Patriot Act and other unconstitutional laws meant to keep us “safe”, it is time to wake up. We are losing our rights by the minute and if the legislative, executive and judicial branches of our government refuse to uphold the Constitution then it is the right and duty of we the people to see that justice is served.

http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf

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