~ FOR IMMEDIATE RELEASE ~
May 17, 2011

Indiana Courts Violate the Constitution

On Thursday, May 12, the Indiana Supreme Court ruled 3-2 that Hoosiers have no right to resist the unlawful entry of police into their homes. 

"We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," said Justice Steven David.

David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system. 

Justice David is incorrect in that this case conflicts with the rule of law in Indiana.

Article 1, section 11 of the Indiana Constitution states, "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."

The Constitution Party of Indiana demands that the unconstitutional decision in Barnes vs. State be immediately revoked. We call on all Hoosiers to contact their state Legislators, Governor Daniels and Attorney General Greg Zoeller to stand against this decision by our state court. We demand that Justices Shepard, Sullivan, and David be removed from office through an emergency vote or by voluntarily doing so.

As citizens of Indiana who are protected under the State and Federal Constitutions, we must stand against tyranny. No one regardless of badge or position has the right to violate the Fourth Amendment.

Audrey Queckboerner
Chairman, Constitution Party of Indiana
info@cpindiana.org
260-466-6013

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