Where did citizen’s rights go?

While surfing the Internet, I came across something that I found to be rather disturbing.
 
With a new ruling handed down in Barnes v. Indiana on May 12, the Indiana Supreme Court ruled on what many critics believe to be the ousting of Fourth Amendment rights in the State of Indiana.

In Barnes v. Indiana, Mr. Richard Barnes of Vanderburgh County appealed a ruling to the Indiana Supreme Court handed down by Judge Margaret Loyd in 2007 in which he was convicted of multiple misdemeanors.

During the altercation leading up to the ruling, Mr. Barnes and his wife were arguing
outside their home.  

Mrs. Barnes called the police for a domestic disturbance and police responded to the call, but Mr. and Mrs. Barnes entered their home and refused to give police permission to enter.

When the responding officer tried to gain entry into the residence, Mr. Barnes pushed the officer against the wall.

A struggle ensued, Mr. Barnes was arrested and convicted on charges of battery against a police officer, resisting arrest and disorderly conduct.

My main objection with the upholding of this ruling is that without a warrant or permission to enter the residence, the entry that Mr. Barnes was forcibly trying to stop was technically illegal.

Basic logic would therefore assume that if the entry was illegal, Mr. Barnes should have been well within his rights to resist that entry.

The Constitution’s Fourth Amendment protects all Americans from unreasonable search and seizure.  

This requires law enforcement officials to obtain a warrant in order to enter any
person’s place of residence.

With this ruling, I believe the Indiana Supreme Court has effectively set a precedence that will allow law enforcement officials to enter a home without a warrant or the fear of having charges dropped based on the legality of the entrance.

A slippery slope has been eroding away at the rights of all Americans for some time now.

Many people cite legislation such as the Patriot Act as a prime example of right
restricting laws.

I believe this to be another blow in a volley of punches against the constitutional rights given to all citizens.

If judges can affirm a ruling against someone, who was well within his rights to resist an unlawful entry, where will it stop?

It is imperative that we as citizens recognize and speak out against this ruling.

If left unchecked, this limiting of rights will continue until there is nothing left to take away.


­— ogwise@indiana.edu