Tuesday, May 24, 2011

4th Amendment?

What 4th Amendment?

The case ultimately reached the Indiana Supreme Court, which ruled last week that current "public policy" is not conducive to resisting entry because civil protections have arisen to mitigate the threats of pre-industrial prison life -- threats like indefinite detention, violence or disease from unclean, overcrowded facilities.

The court reasoned that since those things are no longer of concern (even though they are), Indiana should not permit citizens to resist unlawful police entry, which they saw as having the potential to cause an escalation of violence toward officers.


The decision (PDF).

This reminds me of Arizona's Jan Crow laws - where police are able to stop anyone anytime and demand to see their papers proof of United States citizenship.

So now police in some of the several states have the ability to check someone's identification (and prove some cause later) and to enter someone's home without a warrant (and prove some cause later). Which isn't terribly different from what came before, but now has explicit legal allowance to do so. Why is it so difficult for some individuals to envision the intended and unintended consequences of such allowances?

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3 comments:

jeffrey said...

Wait. Am I stupid or not reading that correctly? Did they just say it's okay to for the police to violate due process because prison isn't such a nasty place to be anymore anyway?

Because um... http://www.mcclatchydc.com/2011/05/23/114573/supreme-court-californias-prison.html

Cousin Pat from Georgia said...

Yes. You are reading that correctly.

Dante said...

To be fair, a state penitentiary in Indiana is probably nicer than the average neighborhood in Detroit.