Monday, May 30, 2011

Justice David - Spitting on the Graves of Soldiers

The irony of a US Army Colonel declaring one of the enumerated rights in the Bill of Rights and the subsequent statutory law void in Indiana cannot be avoided. On 12 May 2011 Indiana Supreme Court Justice Steve David declared that Indiana Code 35-41-3-2 and the Fourth Amendment to the United States Constitution are no longer applicable in the State of Indiana.

Justice David held, "that [sic] Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law." The essence of the Second and Fourth amendments are to ensure that the government does not unlawfully intrude into the private residences of citizens. Indiana has recognized this in its Indiana Constitution adopted in 1851 and statutory law recodified in 1976.

On a day when we should be honouring the men and women who have sacrificed their personal freedoms, families and lives in defense of our freedoms Justice David instead has decided that we can no longer enjoy the freedom from unreasonable search and seizure of our homes, person or personal affects.

As unbelievable as it is Justice David has elevated law enforcement officers to a special class of persons immune from legal restraint. Under the statutory and constitutional law specifically recognized in Indiana which Justice David has now declared void a woman could have felt safe in her home. But now, a drunk police officer acting outside the scope of his duties or not while on duty may break into a home and rape a woman without fear of physical restraint since Justice David has ruled she may no longer use force against an unlawful violation by a police officer. Justice David held, "As we decline to recognize a right to resist unlawful police entry into a home, we decline to recognize a right to batter a police officer as a part of that resistance. "

What has Justice David declared her relief now to be? "[P]olice department internal review and disciplinary procedure," and "civil remedies". In other words, a victim may make a complaint to the officers employer or file a lawsuit seeking monetary damages. I am sure our Founding Fathers would have been proud of this "soldier".

You can read more about how Justice Steve David Usurps Legislative Authority and that
I warned you about Supreme Court Justice Steve David.

To help remove Justice Steve David from the Indiana Supreme Court please click here and vote NO on the Justice David retention question on the November 2012 ballot.

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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

©2011 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.

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