We hold that there is -no right- to reasonably resist unlawful entry by police officers.
To summarize the article about this case, the case deals with one Richard Barnes, a regular Joe citizen of Indiana, who was in the midst of marital problems with his wife one evening in 2007. The couple was arguing when police arrived to the scene and attempted to enter the home.
Barnes made it very clear to the officers that they were not to enter his home. The officers did not have a warrant, and they did not have probably cause to believe that anything illegal was happening. But they entered regardless.
Barnes tried to block the door, and as the police officers muscled their way past him, he shoved one of them against the wall in defense of his property. Barnes was choked and tasered in his own home, subsequently hospitalized, then charged with misdemeanor battery on a police officer.
The Court agreed that the police officers entered the Barnes home illegally. The Court further agreed that one’s right to resist illegal entry has existed since the Magna Carta. The Court further agreed that the US Supreme Court has reaffirmed this right to resist unlawful entry in numerous court cases.
Yet, in summarizing the court’s opinion, Justice Steven David writes,
We hold that there is -no right- to reasonably resist unlawful entry by police officers.
What happened to the 4th Amendment of the Constiution? It was completely disregarded. This has got to stop or we will lose all our freedoms.
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