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Thread: Indiana Supreme Court Attacks Common Law and the Right to Resist Unlawful Arrest

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    Indiana Supreme Court Attacks Common Law and the Right to Resist Unlawful Arrest

    Indiana Supreme Court Upholds the ‘Rapist Doctrine’: Don’t Resist — You’ll Just Make It Worse

    http://www.lewrockwell.com/blog/lewr...ves/88027.html

    The Indiana State Supreme Court has just nullified the Fourth Amendment and the equivalent provision of that state’s constitution, in addition to “a common law dating back to the English Magna Carta of 1215,” notes a wire service report. In a 3–2 decision, the court has ruled that Indiana residents have no right to obstruct unlawful police incursions into their homes.

    “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,” wrote Justice Steven David. “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.”

    Actually, the “risks” to a government-licensed bully in such an encounter are vanishingly small. But we must remember that “officer safety” is the controlling priority in any conflict between a State-sanctified enforcer and a mere Mundane. This is why, as Professor Ivan Bodensteiner of Valparaiso University School of Law observes, “It’s not surprising that [the court] would say there’s no right to beat the hell out of the officer.” No, that “right” belongs to the costumed thug; the Mundane has no choice but to submit to whatever invasion or injury his tax-sustained assailant sees fit to inflict at the time.

    A victim of criminal police aggression “still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system” — that is, the same court system that has conferred its unconditional benediction on criminal violence by the police. This assumes, of course, that the Mundane survives the initial encounter.

    Note how the court assumes — correctly, in my view — that an unlawful arrest is the all-but-inevitable product of an unlawful police incursion. This tacitly recognizes that the right to resist an unwarranted search is derivative of the common law right to resist unlawful arrest.

    A similar case explicitly dealing with the right to resist unlawful arrest (People v. Moreno) is working its way through the bowels of the judicial system in neighboring Michigan, and will most likely result in another decision pulled from the emunctory aperture of a robe-wearing sophist on the state Supreme Court. A state appeals court in Michigan has observed that “we find no reference to the lawfulness of the arrest or detaining act” in the state’s statute dealing with resisting arrest, which “states only that an individual who resists a person the individual knows or has reason to know is performing his duties is guilty of a felony.”

    In a 2004 ruling (People v. Ventura) dealing with a self-defense claim against an unlawful arrest, the same Michigan Court of Appeals, in prose laden with disingenuous mock humility, wrote that “it is not within our province to disturb our Legislature’s obvious affirmative choice to modify the traditional common-law rule that a person may resist an unlawful arrest.” Actually, that modification came about because the state judiciary begged the legislature to change the state code to eliminate statutory protection for the long-established individual right to resist unlawful arrest.

    In a 1999 ruling (People v. Wess), the Michigan Court of Appeals, citing the state legal code, admitted that citizens had a right, explicitly protected by state statute, “to use such reasonable force as is necessary to prevent an illegal attachment and to resist an illegal arrest.” In the dicta of that ruling the court pleaded with the legislature to change the law:

    “We share the concerns of other jurisdictions that the right to resist an illegal arrest is an outmoded and dangerous doctrine, and we urge our Supreme Court to reconsider this doctrine at the first available opportunity… we see no benefit to continuing the right to resist an otherwise peaceful arrest made by a law enforcement officer, merely because the arrestee believes the arrest is illegal. Given modern procedural safeguards for criminal defendants, the `right’ only preserves the possibility that harm will come to the arresting officer or the defendant.” Of course, the requirement that a police officer obtain a warrant is the only “procedural safeguard” that matters — and it’s the one effectively disposed of once the court authorizes police to invade a home on a whim.

    In 2002, the Michigan state legislature complied by modifying the relevant section of the state code (MCL 705.81d) by removing the clause recognizing the common law right to “use such reasonable force as is necessary to prevent” an unlawful arrest (that is, an armed kidnapping) by a police officer.

    In the interests of brevity, these rulings should be consolidated under the name “Rapist Doctrine,” in recognition of the fact that are pseudo-scholarly versions of the advice once urged upon women enduring sexual assault: Don’t resist — it will only make things worse.

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    Does anyone knows the races and political affiliation of those idiots?

    seems the judges are only employed to destroy the rights of the citizens and increase the totalitarian power of the government.

    any imbecile knows that police should not have the rights to enter your house without any good reason. If there is none you protect your house against a criminal.

    Is that so difficult or did they get paid so much in benefits that they don't care anymore?

    What they don't see is that if the rule of law is destroyed then there is nothing anymore to protect them. Now they may relish in their power tomorrow they hang on a laterne by a mob which doesn't know anymore the rule of law.

    We the people are the sovereign of this country, not corrupt judges.

    Freedoms cannot be given or granted, Freedoms can only be taken and defended to the death. That is the lesson any police officer entering my property illegally will learn.
    weel nich will dieken dej mot wieken

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    Quote Originally Posted by Ocko View Post
    Freedoms cannot be given or granted, Freedoms can only be taken and defended to the death. That is the lesson any police officer entering my property illegally will learn.
    I agree with you, brother. IMO they have to be kikes that spewed this ruling. They spat it out as a snake hisses. They openly flout the good Constitution, that had set forth the rules to govern by. That race of vipers has always usurped & perverted the good. I mind my own business & cause no troubles for anyone. Should they come to my door, what I will do, will depend & that bridge will be crossed when confronted.

    There is a time & a place for every good action. The goal of my life is to be in perfect accord with my Maker & to live & give honor to all my ancestors who trace back to the beginning. It is my hope to be active when this "beast from babylon" falls, but if not, so be it. In time I will join the council fires of my people. I know that they watch from beyond. May I be welcomed when I cross over.

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    Does anyone knows the races and political affiliation of those idiots?
    Judges aren't supposed to have political affliations, but due them being appointed by elected politicos...

    The judge who wrote the qoute from the article was appointed by Gov. Mark Daniels, one of the Republican presidentital hopefuls. The judge has a military and private law career. I would say it seems he is a right-winger based on that. I have no clue what race he is.

    Indiana is typically very conservative. My problem with conservatism is that it has become an ideological haven for many who support the militarization of police and the expansion of foreign wars of empire. This ruling reflects a normal conservative view: that police are our friends and that anything one might do to "prevent" them from doing their "duty" should constitute an offense.

    seems the judges are only employed to destroy the rights of the citizens and increase the totalitarian power of the government.
    I know a good judge at least: Andrew P. Napolitano.
    any imbecile knows that police should not have the rights to enter your house without any good reason. If there is none you protect your house against a criminal.
    That right has been apart of our society for 600 years. This is a major blow against our culture and laws.

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    Senior Member Schopenhauer's Avatar
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    Considering the constitutional ramifications of this ruling, I'd expect the Supreme Court will be forced to weigh in on this sooner or later.
    Omnia risus et omnis pulvis et omnia nihil - HPL

    "Oh, you should never, never doubt what nobody is sure about." - Willy Wonka

    “niemand bleibt hier” - Maria Orsic

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    Maryland Mayor's Dogs Killed During No-Knock Raid


    Notice the race of the police chief...


    http://www.washingtonpost.com/wp-dyn...080503214.html

    Prince George's County authorities did not have a "no-knock" warrant when they burst into the home of a mayor July 29, shooting and killing his two dogs -- contrary to what police said after the incident.

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    well well well.... looky looky here:

    the official Steven David bio released by his office announced the fact that David is a member of the American Judicature Society, the leading institutional proponent of the Missouri Plan, and beneficiary of more than $1 million in contributions from George Soros’s Open Society Institute since 2000.
    http://dailypundit.com/?p=41322

    It's always the same names and the same religious cult involved whenever Whites are being assaulted and brutalised.

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    Quote Originally Posted by Schopenhauer View Post
    Considering the constitutional ramifications of this ruling, I'd expect the Supreme Court will be forced to weigh in on this sooner or later.
    Right, but with all the jews & bull dyke jewesses on that court, & on all of our courts, & in our legislatures state & federal, & in our executive branches state & federal at some point their true colors will come forth & reveal just how anti-Constitutional, anti-white, anti-good they are.

    Their aim from the beginning imo has been to wipe our seed from the face of this planet. All the wars at their behest, tax theft from us, feminism, homosexuality, race mixing, abortions, 3rd world immigration flood, drugs legal & non, the slaughter of +66 million Russians per Alexander Solzhenitsin, etc, have all contributed to the decimation of our race.

    Us being on the toehold of life here has not been random or accidental. I will not hold my breath that the USSC will do the honorable & right thing, especially when we need them to.

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    Quote Originally Posted by wm mauer View Post
    Right, but with all the jews & bull dyke jewesses on that court, & on all of our courts, & in our legislatures state & federal, & in our executive branches state & federal at some point their true colors will come forth & reveal just how anti-Constitutional, anti-white, anti-good they are.

    Their aim from the beginning imo has been to wipe our seed from the face of this planet. All the wars at their behest, tax theft from us, feminism, homosexuality, race mixing, abortions, 3rd world immigration flood, drugs legal & non, the slaughter of +66 million Russians per Alexander Solzhenitsin, etc, have all contributed to the decimation of our race.

    Us being on the toehold of life here has not been random or accidental. I will not hold my breath that the USSC will do the honorable & right thing, especially when we need them to.
    I would be very surprised indeed if the USSC heard this on appeal and ruled it unconstitutional.
    Omnia risus et omnis pulvis et omnia nihil - HPL

    "Oh, you should never, never doubt what nobody is sure about." - Willy Wonka

    “niemand bleibt hier” - Maria Orsic

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    Quote Originally Posted by Schopenhauer View Post
    I would be very surprised indeed if the USSC heard this on appeal and ruled it unconstitutional.

    Of course I hope we are wrong, brother. All we ever wanted was to be left alone, but then parasites will not abide that.

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