What if you’re at home having dinner in Indiana and a police officer decides to bang down your door, walk into your den and have a “look” around, maybe see what is on your computer, maybe join you for dinner, see if your teenage daughter taking a shower needs help shampooing her hair, etc.
So you “resist” and say no, get out of my house. You don’t have a warrant so you cannot come into my castle.
For the last 800 years legal systems based on English Common Law, including the US, would agree: No warrant. No emergency. Means no government entry into a private home.
Until now, in Indiana, where the Supreme Court has ruled there is NO RIGHT to resist an unlawful entry by a police officer into your home.
You cannot resist entry and you cannot resist being arrested and sent off to jail to be fingerprinted, have your mug shot taken for TMZ, being tossed into a cell with Bruno, trying to scrape enough cash together to post bail, etc.
Although the case arose out of a domestic violence situation, the Supreme Court said there is no right to resist government entry into your home. Period.
Why? Because resistance can escalate into violence (no kidding).
And there are remedies. When you get out of jail you can later hire a lawyer and sue – and in the process be subjected to in terrorem depositions and a mauling of your personal life, psychiatric and medical history to determine if your claimed emotional distress actually arises from being Bruno’s buddy.
Or since there is a “police department internal review and disciplinary procedure” there is no reason for you to protect your home, family, and person from invading police.
I’m not kidding about this. Bin Laden didn’t get to resist, and neither do you.