All right, fine, the Legal Eagles tell me it's not actually as bad as it sounds; but it still stinks and sounds dreadful: our State Supreme Court, in a mentally inferior 3-2 decision (in extra innings after rain delays on a moonless night, maybe -- look, you run your courts your way and we'll... See, we're Hoosiers), decided a long-standing common-law right to resist unlawful entry (et sequelae) by the po-leece needed to be swept away.
As a practical matter, it's kinda pointless; if Johnny Law comes knockin' unwarranted nor in hot pursuit and you bar the door, you're gonna get your hinder parts handed to you no matter what; after this ruling, if in the said process of rump-handing he happens to notice any Laetrile or prostitution, De Law is now on firmer ground if/when you're brung up on charges....
Yeah, alla that. But IMO, it's not the fiddling technical details, of which you've got to be an Esq. and plugged into the local legal loop to parse in full and proper, it's the spirit of the thing; especially in that policebeings don't get a weekly mental download from the Courts and are often operating without a whole lot more information on the fiddly details than you and me. (They've got handbooks...written, mostly, by lawyers in Law French or whatever they call the jargon nowadaze. You can image the utility of this to the working Peace Officer). So there are a lot of cops out there who just heard the same news story you saw and are thinking, in the backs of their minds, that the State Supreme Court is okay with possibly a little door-kicking and/or some preemptive home visits to the hinky. Most of 'em still won't (I suspect the degree of personal restraint exercised by most sworn officers is altogether surprising, were we to learn of it) but no population is entirely free from those who Do Not Quite Get It.
And for their sake as well as ours (but mostly for ours, mine especially), this ruling needs fought. When I find out who's standing up to it, I'll let you know and we can pass the hat or have a bake sale or something. Wave signs. Go on a hunger strike and chain ourselves to the polling place door! (Look, it kind of worked for the suffragettes and all they were after was a chance to pick their oppressors). Something. ("Fetch the Gura!" Or does he only do guns? Fine, we'll have to go ACLU on 'em).
--And I want to know who sang lead in this ruling: he needs impeached. Or at least unlawfully entered upon by a policeman or two.
Claire, quit hitting the snooze button on the alarm clock!
5 weeks ago