Petition against illegal police entry

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  • misconfig

    Master
    Rating - 100%
    28   0   1
    Apr 1, 2009
    2,495
    38
    Avon
    I recieved an email from Senator Connie Lawson ( Majority Floor Leader )

    <Name Redacted>,

    I received your e-mail expressing your serious concerns with the Indiana Supreme Court's recent ruling on Barnes vs State of Indiana. This ruling has reverberated around the state with its perceived threat to the Fourth Amendment.

    I too share your concerns, and anticipate many bills being filed for the 2012 Session to try to address and preserve this portion of the U.S. Constitution. Senator Mike Young (R) Indianapolis is crafting legislation to clarify Indiana's self-defense law. I have asked to join him on this legislation.

    Justice Robert Rucker's response to the decision expressed the serious concerns of Hoosiers by stating, "In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally - that is, without the necessity of a warrant, consent or exigent circumstances". I too share Justice Rucker's thoughts on this recent decision, and at the same time I want to support and protect our law enforcement. I wholeheartedly believe there is a way to do both.

    Again, I do anticipate legislation being filed by several legislators to address this, and I look forward to thedebate and resolution of this situation.



    Sincerely,
    Senator Connie Lawson
    Majority Floor Leader
     

    rotag84

    Plinker
    Rating - 0%
    0   0   0
    Jul 31, 2010
    89
    8
    Hamilton County
    Signed.

    Is there a web page or site I can go to for definitive and up to date info on the rally I keep hearing about. I keep hearing different dates and times.

    Thanks!
     

    JoshuaW

    Master
    Rating - 100%
    2   0   0
    Jun 18, 2010
    2,266
    38
    South Bend, IN
    Thanks for the link. I signed it yesterday and received the automated responses.
    Today I received the following.


    Dear Terry:

    The decision of the Indiana Supreme Court should cause every citizen to be extremely concerned. As you correctly pointed out, the decision is a direct invasion of our homes as well as an attack on our Fourth Amendment rights to be free from unlawful searches. The Court could have reached the decision that the police were acting correctly when they entered this particular home, because (a) the police had been called to a domestic dispute (a crime in process) which could be a felony if it involved bodily injury, and (b) that there were exigent circumstances (that an emergency existed because there was an immediate danger to the individual who was inside the residence). The Court clearly went far beyond the recognized exceptions to the Constitutional requirements of a warrant and the rights of the people to free from unlawful searches. I do not believe that this decision will stand on appeal to the United States Supreme Court, and I believe that the State of Indiana through its Attorney General will appeal this decision immediately. In addition, the three judges who voted in favor of this opinion--Justices David, Shepard and Sullivan--will have their names on the ballot in upcoming elections where the voters can decide whether to retain them (keep them in office) or not to retain them. I believe that Justice David, the writer of this opinion, may be on the ballot in 2012.

    As a citizen and legislator, I strongly disagree with the decision of the Court, and I believe that the legislature will take action in the next session to protect its citizens. This decision will not lessen violence--it will foster greater resistance by law abiding persons who only wish to be free from such invasions, and may result in police officers being severely injured and/or killed if they implement the Court's decision without regard to the Bill of Rights.

    Sincerely,

    Senator Jim Smith

    I received that same response, verbatim, from Carlin Yoder.
     

    reno

    Sharpshooter
    Rating - 0%
    0   0   0
    Jan 2, 2009
    309
    18
    Indiana
    You know there are times that gun owners need to stand up. I talked to several others today about this issue, sent the link around.
    A couple of gun owners said that it looks like they don't need to sign up or get involved because others are taking care of it.
    THey are not an NRA member, Understand some do not care for the NRA, but at least do something to help protect the 2nd amendment.
    But these guys who let "others" bear the burden just burn me.

    Rant over, thanks,
     

    ElsiePeaRN

    Expert
    Rating - 0%
    0   0   0
    Jan 18, 2011
    940
    16
    Eastern Indiana
    I recevied this response from my State Senator Jean Leising on Friday - much of the boilerplate response, with a little extra:

    Dear [Name],

    Thank you very much for sending me an email expressing your concern and displeasure with the recent Supreme Court ruling. I understand your frustration and anger. This decision has broken down the constitutional barriers that prevented unwarranted searches in our homes.

    The Court could have reached the decision that the police were acting correctly when they entered this particular home, because (a) the police had been called to a domestic dispute (a crime in process) which could be a felony if it involved bodily injury, and (b) that there were exigent circumstances (that an emergency existed because there was an immediate danger to the individual who was inside the residence). Although, as Justice David accurately pointed out, a warrant is not necessary for every entry into a home; the Court clearly went far beyond the recognized exceptions to the Constitutional requirements of a warrant and the rights of the people to free from unlawful searches.

    While I am disappointed with this decision and hope to see it overturned, doing so will take some looking into. My colleagues in the Senate are investigating ways to reverse the decision. Senator R Michael Young has drafted an amicus brief and is ready to submit it to the Court. This brief is a petition of sorts, requesting that the Court rehear the case. Senator Young has also stated that he has begun drafting legislation that will help prevent this situation from occurring again.

    I have signed onto the amicus brief and I have also advised Senator Young that I would like to co-author his legislation this coming session.

    As a citizen and legislator, I strongly disagree with the decision of the Court. I appreciate you taking the time to voice your concern. Your input is extremely valuable and helps me better serve you, our district and our state. If you have any thoughts or concerns on this or any other issue, please do not hesitate to contact me.

    Sincerely,

    Jean Leising
    State Senator
     
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