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Thursday, May 19, 2011

Ind. Decisions - Rally against Barnes ruling may be held May 25th [Updated]

From Charles Wilson of the AP, this long story this afternoon headed "Ind. court decision on illegal police entry sparks plans for Statehouse protest, legislation." Some quotes:

By Thursday, more than 1,000 people had signed on to attend a May 25 Statehouse rally against the ruling that was promoted on a Facebook page. Another Facebook page dedicated to overturning the ruling had more than 400 followers. A YouTube video criticizing the ruling was also posted. * * *

[Gov.] Daniels said Wednesday he hadn't yet read the whole ruling, but added, "I think it's a little more reassuring when you read the court's reasoning, but I don't have a view beyond that."

[Updated 5/20/11] The AP story yesterday also quoted a Valparaiso Law prof who spoke in support of the decision:
Ivan Bodensteiner, a professor at the Valparaiso University School of Law, said that the decision brings Indiana law in line with that of about 40 other states that don't recognize the common-law right to resist illegal police entry. Although he acknowledged the ruling was broad, Bodensteiner said it really didn't conflict with the Constitution.

"It's not a license for police to enter homes in violation of the Fourth Amendment," he said.

Bodensteiner said the decision doesn't really give police the power to enter anyone's home illegally — it simply states that if they do, the resident must turn to the courts for relief.

"That's why we have a judicial system, to resolve disputes in a more civilized fashion," Bodensteiner said.

Posted by Marcia Oddi on May 19, 2011 02:37 PM
Posted to Ind. Sup.Ct. Decisions