I first heard about this ruling from the Indiana State Supreme Court yesterday while driving to the office and I thought that my ears must be broken. But this evening I did some quick searching online to find several articles that made me feel better about my ears but worse about my country and my rights.
Indiana’s Supreme Court just ruled that police can basically enter Hoosier homes without a warrant, without justifiable cause, without – apparently – any regard whatsoever for the Fourth Amendment of the U.S. Constitution. You know, that’s the one where it says Americans have the right to be secure in homes and in their persons. In Indiana, however, that right was just watered down a bit, as three of five justices found police can, in fact, push into a person’s home if the situation warrants – and by warrants, it’s meant that if police feel it to be true.
And if that wasn’t bad enough I read:
Meanwhile, just today, U.S. Supreme Court justices ruled 8-1 that police can enter a home without a warrant if they smell what they believe is marijuana, knock and identify themselves, and then hear evidence – or at least what they think is evidence – being destroyed. In other words, one unfortunately timed flush, and police could be surrounding the bathroom.
Justice Ruth Ginsburg dissented, saying that the ruling gives police the power to bypass an important provision of civil rights – that of a neutral judge deciding whether or not law enforcement has enough information and evidence to justifiably enter an individual’s home.
I don’t know what is going on, have the justices actually read the Constitution of the United States? The fourth amendment is not that difficult to understand:
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.
Pretty soon the police will just come into your house, kick back, eat your food, drink you drinks and watch your TV. With a court making these types of rulings, I just feel all free all over. Don’t you?
Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/indiana-trounces-fourth-amendment#ixzz1MfJFU73F