We May Have to Say Goodbye to the Fourth Amendment in Utah
Police Power Enlarged by Court
The Indiana Supreme Court ruled in Barnes v. State, a domestic violence case, that a police officer can enter any home for any reason. Homeowners can’t do anything 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, he can still be released from jail on bail and then he 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. 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.
Court Ruling a Disappointment to Utah Criminal Defense Lawyers
Utah criminal defense lawyers hope 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. There are laws and a constitution to limit how state officials can use their power. The Court’s ruling ensures tyranny by setting aside the laws and the constitution.
This ruling only applies to Indiana and hopefully Salt Lake area courts will not follow the Court’s lead. If you have been arrested or have criminal charges filed against you because of a police officer’s entry into your home, call a Utah criminal defense lawyer from Salt Lake based Salcido Law Firm. A Salcido Law Firm lawyer will protect your constitutional rights and make sure the police acted within the Fourth Amendment. Call 801.618.1334 to speak with a Utah criminal defense lawyer today.