Saturday, May 14, 2011

If You Aren't Angry, You Aren't Paying Attention

I just found this little gem online this morning and thought I'd share.  Linky

Now that you've read the article, let me say that this law is painted with too broad a brush and goes too far.  The 4th Amendment already covers this issue, as stated:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Under the 4th Amendment, the authorities still have the right to enter your home, but only with probable cause.  We did not need another law to tell us that. 

Unfortunately, what this Indiana law basically says is that if the police attempt to gain illegal access to your home, it is illegal for you to resist.  You may file a lawsuit afterward, claiming your civil liberties have been violated.  My problem is that your civil liberties need not be violated in the first place.  What Indiana is doing is dumbing down the law, watering down inalienable rights, and giving the government wholesale freedom to do exactly what they want without good recourse. 

Do you honestly think that a lawsuit against your local municipality will go anywhere?  You'll be jammed up in the court system for a long time and then of course, they will always have something they can use against you.  Let's be honest here.  Even the most honest citizens are probably doing something or have something that is illegal.  Heck, you could get arrested for having lawn darts in my state.  That's right... lawn darts.  The point is that if the police (and nothing against local cops per se) want to find something wrong, they will.  Enterying a home without probable cause opens you up to all kinds of problems.  Essentially, the police can enter your home and then can bring you up on phony allegations later.

Now, I understand the spirit of this law, and why it was written.  Some folks actually believe this is for our own good and the good of the police.  Unfortunately, the path to tyranny is paved with good intentions.  We are becoming more and more a police state everyday.  When people do not have the right to exercise the inalienable human rights that we should all have, we move closer and closer to a place I don't want to see us go.

Another angle on this is, what if someone dressed up like a police officer and demanded access to your home?  It could happen.  People get pulled over by phony cops on the freeway all the time.  Who's to say some burglar doesn't go down to the local surplus store and buys a badge, some patches, a fake uniform, a belt & gun , and then comes a knockin' on your door?  Do you not resist?  Now you have a criminal entering your home, free of resistance to do what he or she wants to do.  They could merely case the joint, or in the worst case scenario, rape you and kill you while they have you locked inside where no one can here you scream.

The point is that people need to stand up for what little rights we have left to proclaim loudly that this law is an injustice and an insult to good people everywhere. 

If police witness a fight inside my house, then they might have probable cause.  But coming into my house because my wife and I are arguing is hardly probable cause.  Will they be preventing violence by violating my 4th amendment rights?  Perhaps.  But I feel that will be the exception more than the rule.  People argue. That's human nature.  Most people resolve arguments without violence.  What this law does is add an unstable element to any situation and I feel will lead to more violence, and sadly, more cops being killed unecessarily.

-James

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