Recently in a 3-2 decision (Barnes vs. State), the Indiana Supreme Court (ISC) agreed that police officers entered a private home illegally, and that a person's right to resist illegal entry has been recognized since the Magna Carta (which was signed in 1215). The ISC has further agreed that the US Supreme Court has reaffirmed this right to resist unlawful entry in numerous court cases. However, in summarizing the ISC's opinion, Justice Steven David writes, "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."
What an arrogant [explitive deleted]!
Dictionary.com defines arrogant as, "making claims or pretensions to superior importance or rights; overbearingly assuming; insolently proud: an arrogant public official." It defines arrogance as "having an exaggerated opinion of one's own importance". Justice David, as well as most of the police officers I've ever had contact with, suffers from this delusion of grandure. Anyone with a sixth grade understanding of English knows that Justice David believes that the police are always right, and citizens are not allowed to defend themselves. What a septic tank of an idea! Anyone who believes people will voluntarily not resist is insane, and anyone who thinks they have no right to resist is evil.
For Steven David's sake (I get naseuous calling him Justice) I will start at the very beginning. Skipping the birds and bees part, every living creature shares a biological imperative to stay alive. This self-defense mechanism is hard wired into our DNA, and is impossible to resist. Even the most timid person you can think of will run and hide to avoid the threat of danger. The Declaration of Independence clearly states that "to secure these rights (including the "obvious" right of self-defense), governments are instituted among men, deriving their just powers from the consent of the governed". The police and the courts are supposed to "serve and protect" us. When was the last time you saw that painted on the fender of a police car? Now, with the stroke of a pen, and an arrogance the size of my beloved Texas, Steven David alleges that Indiana police officers can illegally break into my home, and he expects me to passively succumb to their police-state violence. Excuse me while I tighten my shoulder holster. I don't know what drugs Steven David is taking to muddy his thinking so completely, but they are apparently hallucinogenic. This is exactly the heavy handed type of law enforcement that prevailed in Germany in the 1940's. Where do we draw the line? Can these same illegal police officers drag you out on the lawn and execute you with a pistol shot to the back of the head? I suppose that would save lots of time and money wasted on what used to be called due process of law. I'm beginning to wonder why we bother with the Constitution at all. With rare exception, most Americans have no idea what it says, and with rarer exception, few elected officials recognize it as a limitation on their official powers.
Steve David admits that "public policy... is incompatible with modern Fourth Amendment jurisprudence". The idea that is really beyond the pale is his assumption that public policy trumps the Fourth Amendment. Once again, his arrogance is unbelievable. It is clearly time for Hoosiers to rethink public policy in their state.
More than one person has questioned the logic of me returning to Indiana at this particular time. Naturally, I thought that the next Alamo event would be in Texas, considering our state legislature's deceitful insistance on pushing the Trans-Texas corridor through in spite of widespread public resistance. Perhaps not. I guess that will depend on whether or not the Indiana police try to kick down the door of someone capable and willing to resist their abuse. Steven David has poured gasoline on this already volatile issue. It's just a matter of time before someone has a scrape with the police that generates another spark. History shows this is the only way to light the fires of Liberty.