And not to mention possession of dynamite. See JammieWearingFool, ” Six Mostly Peaceful Occupy Oakland Losers Arrested for Assaulting Police .” IMAGE CREDIT : The People’s Cube, ” OccupyPuncture: Wall Street Occupiers Stab NYPD Officer, Surround Ambulance Trying to Rush Him to the Hospital .” Because, you know, it’s just some strangers from outside the movement, or something.
More here:
Occupy Oakland Protesters Arrested for Assaulting Police
**Written by Doug Powers 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. — 4th Amendment to the US Constitution The Indiana Supreme Court has ruled that the 4th Amendment needs a disclaimer when it comes to officers of the law acting unlawfully (at which point, by definition, wouldn’t they cease to be “officers of the law”?). Bruce McQuain has the details : That’s what the Indiana Supreme Court decided in what would be a laughable finding if it wasn’t so serious : Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes. The author of the story reporting this is right – somehow the ISC managed, in one fell swoop, to overturn almost 900 years of precedent, going back to the Magna Carta. In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer’s entry. Or said another way, your home is no longer your castle. From the ruling ( PDF ): David, Justice. A jury convicted Richard Barnes of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct. Barnes contests that the trial court‘s failure to advise the jury on the right to reasonably resist unlawful entry by police officers constituted reversible error and that the evidence was insufficient to sustain his convictions. We hold that there is no right to reasonably resist unlawful entry by police officers. We further hold that the evidence was sufficient and affirm Barnes‘s convictions. Also from the ruling: We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action. In other words, “in the old days if an officer unlawfully entered your home and arrested you, you were pretty much screwed but now you have ways to prove your innocence and file a complaint against the officer, so just shut up and tolerate the initial injustice for the safety of everybody involved.” But what if the officer entering unlawfully uses the opportunity to plant evidence to justify his or her unlawful entry and render it artificially lawful? We could play those back and forth games all day, and that’s why the 4th Amendment is there. Two justices opposed the majority, citing the 4th: Justices Robert Rucker and Brent Dickson dissented, saying the court’s decision runs counter to the Fourth Amendment of the U.S. Constitution. “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,” Rucker said. “I disagree.” So Hoosier Staters can now be arrested and charged with “unlawfully resisting an unlawful entry”? Bizarre. **Written by Doug Powers Twitter @ThePowersThatBe
See the original post here:
Indiana Supreme Court: Resisting an Unlawful Entry Into Your Home is… Unlawful
I raise a couple questions in the article on Rep. Peter King (R-NY) introducing new gun legislation. Reader Stephen, however, e-mailed me with a scenario instead of a question that I think is worth mentioning: Jon, This is insane. I’m a concealed carry holder, and I do carry my Kimber where ever it is legal for me to do so. But this law would make it impossible for me to legally carry my handgun at all. Think about it. Schools, government buildings, and such are in a fixed location. I know that I can not be armed there. But how in the hell am I to know where a “government official” is at any given point in time? I work in a gun store that is across the street from our local police station. Would this mean that I could no longer be legally armed in my store? Consider this: Congresscritter X is holding a town hall meeting on main street USA. I’m legally carrying my handgun, concealed, in keeping with the laws of the state of North Carolina. I’m driving from work to home and my normal route is to drive down main street. Police are providing security for Congresscritter X and one of the patrol cars outside the event is equipped with automatic license plate reading cameras. As my truck passes the patrol car, it automatically reads my license plate, the computer checks my registration for wants, warrants, etc.. It also pulls up the fact that I am a concealed carry permit holder. My truck passes within 100 feet of the Congresscritter. The officer pulls out, kicks on his lights, and pulls me over. As required by law, as soon as the officer approaches my truck, I inform him/her that I am a CCP holder and that I am armed. I am then arrested and jailed for carrying a firearm within 1000 feet of the Congresscritter, jailed, tried, convicted, and imprisoned in a slam dunk prosecution. Welcome to Prison America!! Now Stephen is assuming the patrolman will pull him over simply because he’s a concealed carry holder. I’m not convinced, but I also don’t think it’s completely assinine. We obviously have a sheriff in Arizona who cares a lot about politics and not just the law. It’s feasible there are officers like him — he was one once, right? The nightmare scenario I envision is everything Stephen said minus the officer with an anti-gun axe to grind. What if Stephen is driving home from work and gets pulled over for a busted taillight or for speeding outside a town hall meeting featuring Rep. X? Like he mentioned in the e-mail, many states (if not all?) require the driver to say outright that the has a concealed weapon. And in our scenario, he’d be busted. Now, I do foresee another issue arising in the scenario: self-incrimination. By admitting your carrying a weapon in that hypothetical, are you being required to violate your Fifth Amendment right? Would King’s legislation take this into account? Will people fight it on those grounds? Will the Supreme Court have to rule about that? I’m not sure. But something tells me these won’t be the law’s only problems.
Go here to read the rest:
Re: GOP Rep. and gun control law
MOAB, Utah (AP) — State park officials say a parks police officer is in critical condition after being shot several times on a popular trail outside of Moab. Utah State Parks spokeswoman Deena Loyola says the officer was wounded Friday evening by an unknown assailant while patrolling the Poison Spider Mesa Trail. Law officers from several agencies are looking for a suspect and have set up various road blocks in counties around Moab. Grand County Sheriff Jim Nyland tells KSL-TV that a man confronted the ranger in the parking lot shortly before 9 p.m. MST. He says the ranger shot three times, in the arm, leg and abdomen. The officer, whose name wasn’t released, was flown by helicopter to a Moab area hospital. Video Courtesy of KSL.com
Read the original here:
Cops Hunt Canyon for Suspect Who Shot Utah State Parks Officer
After violence erupted Wednesday when a University of California committee began considering a tuition increase, on Thursday that committee approved the plan to raise student fees by 8 percent next fall while expanding financial aid to more students.
Protesters begin crowding around an officer during protests at UC San Francisco. (Photo: Maane Khatchatourian, Daily Nexus)
Read the rest here:
Calif. Protesters Beat Cop With His Baton While Rallying Against Tuition Hikes
by Maggie @ Maggie’s Notebook The body of a second Navy sailor, Jarod Newlove, has been recovered in Afghanistan. Petty Officer 2nd Class Jarod Newlove The two men are believed to have driven into a hostile area after visiting a local market in Logar. The Taliban said one man was dead, and Petty Officer 2nd Class Justin McNeley’s
