Editor, Times-Union: It seems that many people are a little too upset about the Indiana Supreme Court decision where the court ruled that there is no right to resist unlawful police entry. I have this feeling that no one actually read the decision, which is located at: http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf So I took the time to actually read the opinion and agree that the decision is wrong, but rest assured, will be overturned on appeal to a federal court. However, I have to point out a couple of things: 1. Justice David writes, “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 – as evident by the facts of this instant case.” Would anyone be griping about the police if the defendant in the case pulls out a weapon and kills the officer? 2. At no point in this position does it say that anything observed because a law enforcement officer just walked into someone’s home because they felt like would be used against them. For example, if someone has a bag of weed and a member of the Warsaw Police Department walks in because he can, you will not go to jail because no judge will sign a search warrant on the basis that a police officer found the weed on a random entry to a home. Here is how that conversation will go down: Police: I need a warrant for this house – they have weed. Judge: How do you know they have weed? Police: I walked into the house and saw it. Judge: You just walked into a random house and found a bag of weed? Police: Yeah. Judge: Plays Price is Right Losers tune. 3. While this decision is wrong and it will only be a matter of time before this decision is overturned, has there been an increase in police officers just walking into everyone’s home? Police are not going to just walking into your home for the fun of it, Tom Metzger or Lonnie Slone. If I do remember right, Tom, when the ATF raided your house in June 2009, they had a search warrant. Now if a judge allows evidence because of an unlawful entry by a police officer to be used against someone in a court, then the 4th Amendment has been tossed out the window. So once again, this decision is wrong and in due time will be overturned by a federal court, but let’s actually read the decision before talking about the lunacy of the court system. Gary Eppenbaugh Warsaw, via e-mail
