Indiana Supreme Court Eviscerates U.S. Constitution

by: warner todd huston | published: 05 17, 2011

Indiana’s highest court has turned against our rights and the Constitution of the United States. The Supreme Court of Indiana has just decided that the Fourth Amendment of the U.S. Constitution does not apply to the citizens of Indiana.

The court has decided that Hoosiers have no right to be safe in their own homes from illegal entry, search, and seizure by police. Indiana's highest court has just said that Hoosier stormtrooers can invade any home at ay time and citizens have no right to resist because it is "against public policy."

Blogger Bruce McQuain said this appalling incident in Indiana is an example of, "why you have to constantly protect your rights daily from attacks from within," and boy is he right.

NorthwestIndiana.com pinpoints the problem perfectly.

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.

The Supreme Court has decided that the right to be safe in one's own home is not as important as the state being allowed to batter down people's doors at will. Justice Steven David averred that there are enough protections of homeowners after they are accosted illicitly by police, after they've been arrested and possibly physically harmed, and after the state has caused them to spend untold thousands of dollars on their own bail and defense in the courts.

"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."

This turns natural rights on its head and alters the basic compact between citizen and government in the USA. It takes us from an "innocent until proven guilty" premise to one where citizens have no rights at all unless the state deigns to allow them.

Now, the argument that the anti-constitutionalists make almost sounds sensible at first blush. This ruling, they say, is merely meant to prevent any chance that the actions of a homeowner in a given situation will "escalate the level of violence." If homeowners sit meekly by and allow police to illegally enter their home, why the level of violence won't grow. We need to protect the lives of our police, right?

Almost logical, eh?

The problem is that with a rule such as this in place, the police have no real reason to be sure that they are in the right when battering down a homeowner's door in the first place. Freed from this onerous requirement to be 100% sure, they will find themselves battering down doors with little provocation because, hey, THEY are covered by the law from being wrong. THEY don't need to be sure that the home they are invading is the right home, one inhabited by real criminals. Why, it can all be cleared up later, right? So the citizen can just shut up, sit down, and take this violation of his rights.

That’s right, you, the citizen, can just shut up, taste the cop's boot heels, and maybe (if you are lucky) some judge down the line might agree with you that your rights were violated and, gosh, they need to mumble an apology to you sometime.

As McQuain said, this is proof of why we need to zealously protect our rights and fight for them every day.

It is also proof that our legal system is badly breaking down. It is proof of yet another thing, too. It is proof that these "judges" have no fear of the people. The Indiana Supreme Court judges that voted in support of this outrageous decision should all be thrown off the bench if not by outright impeachment, then at least in the next election.

But, I'd rather see impeachment, as opposed to election turnovers. Our elected politicians need to begin to systematically eliminate judges of this sort who have turned against the US Constitution. These people need to fear for their jobs. Impeachment of these un-American monsters has never been used enough and we should start doing it ASAP.

When even a red state such as Indiana starts turning against our natural rights, we know our governments have turned against we the people.

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  Your right to Hobby breede

  where is the outrage? does it have to happen to you to feel the horror, terrorized, and breakdown inb your life to come to life and see whats going on, its to collect fund in any way possible, we pay to much already, if we don't its cause they have us so poor we can't

  
  

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  Faye H.

  A MUST READ AND RALLY MUST BEGIN, SoWE do have this right, I'm in my home, just moved in from another state and before an city inity even opens, starts beating on my home at dusk demanding entry to insdpect my home for dead, dying, or sick dogs. This same inity is ther Indiana Animal Control off Raymond, Southside. claiming an anynimous call ativated it. 19 days prior to this date they consficated all my dogs with oonly the questioon are they pedigree's, when answered yesd, I was informed they were mthey're pedigree's and to stand down load them inmto a filthy cage, tramatize everyone of them, and 11 days later Judgeplays me as a fool of I was in the rioght, but have to pay for coming into his city/county. Remember, not 1 dog ever resided at this location, it was where the records requested by an ajoininmg county demanded proof and that wasn't debatiable, but was all left that was needed, Carre and Treatment was cleared, Health was cleared, records was showed and egnored, the adjoining enity was told to head back where he came from, and he did. Soon heard of this action and was speechless, testified on my behalf. Again being ordered by Law enforncement what I had to do, 990 dollars later, I find after Judge orders full prrevious inspection of adress this occurred, chippinmg of all dogs even though 55% pups under rabies shot requirements, 10 was just born, 8 was just 1 yr of age, but for precautions, I did something I normally don't do, had every dog given rabies the day before traveling, gave a preventative shot against Kennel Cough, for safe travel, and then Judge ask if the Southside faciility still had possession of my pups, which he declared dogs at 1 day or 2 weeks of age. I was to provide trans back to the adress, Proper Shelter, and adequate Care and treament. I di everything plus spent thousands after finding out they made every dog sick with a virus and now I had to quarantine, around the clock care, and had all damaged dogs well in a 5 day period. Worked constantly via phone w/ vet. Just a few days before going infront of this same Judge, I was paid a visit by crew number 2 directed by the same commanding officer of the entire division of Animal Care and Control. "Brown", which calulated up to the actual terroristic siezer, medical harm, and killing of what was tesitified to as the most healtiest pups ever taken by to other Sgt. of the Animal Care and Control, and furthermore stated by law they can't remove your animals without the proper intimate danger of the life of the animals. Chips, Tags, Collars, Atlarge, injuried, dead, dying, sick, food, water, was not even close to being provern for 1 dog, but theyy took there guns, the IPD, handcuffs, threat of open your mouth and we'll shut it and you'll got to jail for impeding an investigastion. Now this is the 2nd time in less than a 20 day period these toy Maltese Breeds was harmfully captured with force and harm. I learned Mr. Brown liked being on the News w/out showing an abused animal, just an abused, broken down, disabled citizen on TV, as well as lied to the public as a public offical, pergury to a Judge under oath, broke the court order to not discuss this case with anyone at anytime, so he took it upon his-self to send a signal to the Judge you are nothing, and held a 4" thick file saying to my kids that this was from another state and they should at min. convince me to request just a couple dogs back, coarse they was scared, knew nothinmg of this to be close to true, but, never showed anything but a file without the contents and just threats. Another Officer who lied under oath to obtain an Afaidavit to a Judge for a warrant that gave no right to toss my house, kill dog/or dogs, stage properyt before daylight as the logging record shows her activity for the last 36 hrs. Nerver mentioned to Judge, he knew it I would think, just wouldn't allow me to enter evidence, grant motions for discovery, evidence to be used, and frankly shut me up everytime I tried to tell what happened and the truth. This same officer was also speaking opening to other officers laghing quote" I could've sure found a better way of spending over 10 thousand dollars on dogs" My witnesses testified trutfully, and shoiwed this was 1 of the worse cases of abuse of power, lying to a Judge, tampering with evidence, and the allegations didn't even meet a portion of these citations.n Then to top it off, Attgorney has been paid, 1st day she appeared was spent in who had the power, and her radio show would air this misjustice, then set for the next day, 8790 dollars charged to the animal abuser, how you claim toy dogs aren't taken care of just from the 12k spent to date, 290 photo's not 1 showed what the citations was later wrote for, not when the terrorizing, consification was going on. 2 Complete breakdowns from me resulting in treatment later, force to try a case as my own attorney, every court order given to the city's representatives was broken in 1 way or another, and my dogs, wife I was trying to mend a 30 yr plus marriage, and I life would forever be changed forever. How I kept fighting this circus is beyond me, as it is my new council, but she was amazed, but seen 1st hand what it was like making a defendant defend himself, telling the court he isn't capable, asking for continuance, and made to show up time and time again to just find out it wass a collection agency at work here and a Rouge Judge, City Attorney which both I called and pleaded to share the conduct that was clear and undisbutiable in the city's photo's, not using none of mine. Look up fox 59 man gives tour of home after Indianapolis Animal Care and Control wrecked his house. Look at what a mess of loosing what I loved more than life, this was my passion, my Hobby. Then during that next day tour, handcuffed again, took by paddy wagon after there coffee and donut break, to commiunity east, immediately released by dwho they wanted to commit me against my will. Then 2 day, collecting rabie collars, tags, I.D names of my dogs I started with, they tore off dragging them by there collare and ears, where they bleed out from the hook. Channel 6, Karen Kenny get privialage call from brown I suppose, IAAC, some connect her to be there to show what they wanted, and it didn't raise to the law of taking an animal. Paper wrote Puppy Mill sgt. Brown said. Sgt. Brown said puppy mill on news, 1 paper said Hoarding, another even said fighting. Then I hear of a UTUBE made video, I've never seen to this date, ask if I whatched it, as I said, why would I watch something false in it's entirety, and I didn't find it amazing at all. The Health Dept. sends letters to owner w/out my knowledge 6 days after this, but 3 days after request to come in my home and I take card and deny access, told him to look at fox 59, then I'm told by judge he allowed openn end sarch at that adresss, motel, where ever I might be, I was run out of my home. around day 6 vadelizm, burnt all my dogs toys, blankets, kicked in my doors for 3rd time, and when called into the police, IFD, was talked to like trash and threatened if came in my home again and my dishes wasn't doner, they would condemn and bord up my belongings, so I left and ended up place to place until trail was over, just stopping checking my mail daily. Now tell me why, and what is legal about anything I just shared with you. Handcuffed 3 times, viechle damaged by IAAC, IPD, and who ever was dragging dogs out that was hiding in fear of there lives. Wifes BP could be kept under control and was Hospitalized over a week. Spent thousands in resourses of the tax payer, collected thousands from me, defamed the charater of my perfect record never a dog taken from me, returned due to bad breeding practice or health, people shocked who actually seen this all the way to where I was famous for my Toy Spoecialty Pups. This is class warfare on the manority poor, disabled, and Black, Hispanic community that I choose to live in, and since I was white, I was called by IPD sgt. on seen "White Trash" You can't make this up, and I won't stop until justice for my Dogs, wife, and the next victims and I are protected from this 3rd world country policing behavior. This is America, and I'm not going to slam my country becauser of currupt gov. paid enities. This just gives you a scratch of the surface, and can you believe this Court, City Attorney, Indianaplois Animal Care and Control would take perfectly happy, loved, and cared for animals and put them in such filth and rerpeat I'm the filth. Over 8 thousand pages of documents and all that was wrong was rabies they said, never enventoried the sencond consification, they stole my property and I will be demanding a meeting with the Mayor and show him the unbelieviable log report that was genmerated from this conspiracy between the agencies. This is beyond making up, and frankly, I'd be scared if I worked for the above and it comes to the days of depotions, and really suppying the records I ask for through the Clerk of Court and wasn't allow to defend myself. Eve3yone must be helde accountable, The Judge finally using a petco feeder, helper as an expert witness reliable, and held wieght? I can't say these things if they wasn't true, or it wioulf be slander like they did to me and my dogs. End this sad story, these pups where on there way to loving homes until returned 100% sick and I din't release sick diogs, look at my picture gallery web page. We got to stop the abuse of power, and have justice for the hard working, honest Americans that make this country the best in the Land.

  
  

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