Indianan Attorney General asks court to reconsider ruling

Quantum Windbag

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May 9, 2010
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Indiana Attorney General Greg Zoeller on Friday joined the chorus of Hoosiers protesting a controversial Fourth Amendment ruling recently decided by the Indiana Supreme Court.Zoeller released a statement saying he will support a rehearing of the case due to concerns that the court ruled too broadly when it found citizens have no right under common law to reasonably resist police who unlawfully enter their homes.
The Barnes v. State ruling came last week and was the first major opinion penned by Justice Steven David – Gov. Mitch Daniels’ appointment.
“We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David wrote. “Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action.”

Justices asked to review ruling | The Journal Gazette | Fort Wayne, IN
 

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