Monthly Archives: May 2011

Your Home is no longer your Castle

According to the Indiana Supreme Court in a 3-2 decision this week. Barnes v. State.

From the dissent:

The poorest man may in his cottage bid defiance to all the forces of the Crown.  It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter – all his force dares not cross the threshold of the ruined tenement!

The same is no less true today and applies equally to forces of the State.

From the majority:

In sum, we hold that Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.

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Filed under Fourth Amendment