So much for the 4th amendment in Indiana

[Lunkerdog]

Originally Posted by daddyslittlegirl

I predict the U.S. Supreme Court will shoot that down. It just seems too loosely reasoned.

That's what I thought until I found the second link I posted.

IMHO it opens the door (pun intended) to a lot of misuse on the part of LEO's.

[RobertSubnet]

“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,”

This is what you get when people believe the Constitution is a "living breathing document."

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.

I ain't no lawyer but if it is not illegal for the police to enter your home for *any reason* then how does a person have any standing in court to "protest" the illegal entry when the entry was not illegal in the first place?

[bergall]

Originally Posted by 7.62NATO

That's backwards logic. They may have knocked down the "right door" this time, but do you really want your 4th amendment rights pinned to a cop's interpretation of smells and noises? What if the pot smell was from a neighboring house? And the scurrying sounds are an old lady with a walker trying to make it to the bathroom in time?

We need to be erring on the side of LIBERTY!!

Not to mention that the entire war on drugs...ESPECIALLY when concerning a PLANT the grows out of the GROUND and is used in its NATURAL and UNADULTERATED STATE...is a farce. And a complete JOKE.

Understood. My opinion was aimed at this single specific instance and the positive result realized therefrom.
Also, not to state the obvious, BUT there's LOTS of stuff that DOES hinge on a cop's interpretation of circumstances which may result in detention, arrest and legal proceedings, so this is not an isolated case of 'a cop's perceptions' being acknowledged as sufficient for police action. And I am not a supporter of legalization of pot. So I don't give a flying fig what state the illegal substance is in when it's ingested, whether it's state is adulterated, unadulterated, processed, distilled, whatever. If it's illegal to possess, and you possess, then EXPECT the cops to come thru the door at their earliest convenience.