Another Court Rules Against 4th Amendment Protections
4th Amendment Protections Continue to be Eroded
The Fourth Amendment has yet again been assaulted and torn down by another court this past week. The Fourth Amendment was passed to protect citizens from the long arm of the state and to ensure police take proper measures without violating citizens’ privacy rights. The US Supreme Court recently expanded the scope of police power to search and seize without a warrant in the King case and the Indiana Supreme Court has followed its lead by expanding the police power to unimaginable bounds. The Indiana Court’s ruling is a blow to all civil liberty advocates and to criminal defense attorneys.
Court Ruling Expands Police Power
In Barnes v. State, a domestic violence case, the Indian Supreme Court ruled that a police officer can enter any home for any reason and there is nothing the homeowner can do to stop the officer from entering. This ruling is not only in direct conflict with the Fourth Amendment of the US Constitution, it goes against hundreds of years of common law rulings dating all the way back to the Magna Carta.
The Court in Barnes stated that if a person is arrested from an unlawful entry by police can still be released from jail on bail and can protest the illegal entry through the court system. The ruling sounds absurd if its holding is to be followed by other courts. The Indiana Supreme Court is essentially saying that a police officer never needs a search warrant to enter a home and the only recourse a homeowner has is to sue the officer in court where it takes time, money, and resources to accomplish the task. Even if a person can take a case to court though, the case may not be successful. Also, extending the holding would allow any government official to do anything he wanted because a person can always protest the action through court at a later time.
Utah Criminal Defense Attorneys Protect Constitutional Rights
Utah criminal defense attorneys are hoping this case will be overturned by the US Supreme Court. It gives police too much power and leaves most homeowners with an insufficient way to protect their rights. The reason there are laws and a constitution is to limit how state officials can use their power. The Court’s ruling sets aside the laws and the constitution which protect people from tyranny.
Fortunately, this ruling only applies to Indiana and it is hoped that other states, such as Utah, will not follow the Court’s lead. If you have been arrested or have criminal charges, such as domestic violence, filed against you because of a police officer’s entry into your home, call a Utah criminal defense attorney from Salcido Law Firm. A Salcido Law Firm lawyer will protect your constitutional rights and make sure the police acted within constitutional bounds. Call 801.413.1753 to speak with Utah criminal defense attorney today.