Monday, May 16, 2011

The Indiana Ruling...

Yes. *That* ruling. I've refrained from comment so far, but with more folks sending me the link, I guess I might want to say something about the issue.

I guess what surprises me most about this ruling is that people are shocked by it. With the "War" on Drugs, so-called "no-knock" raids have become such a part of the scenery that the ruling in Indiana has been in effect for years - they just hadn't actually put it into law yet. Let's face it - if a SWAT team mistakenly kicks your door down, and you manage to take one of them out, you're most likely going to die. Even if you survive, you're liable to end up a candidate for a date with ol' Sparky. Cory Maye, anyone?

This is not anti-cop; rather, it's anti-war-on-nouns. The cops going into the houses are, by and large, under erroneous assumptions. Any cop that knows they're going into the wrong house and proceeds anyways deserves everything that's coming to them. Joe LEO gets the word from Sarge that they've got credible evidence of [CRIME X] at [ADDRESS Y] and he needs to suit up. There's no reason for him to suspect that [ADDRESS Y] is really [ADDRESS Y+1] - at least on the first screw-up.

What the Indiana ruling did was formalize what happens in these events naturally. Cops bust into the wrong place. Resident, hearing their door breaking down, grabs their defensive arm and starts shooting (absolutely rightfully). Most of the time, the resident winds up dead - the entry teams have superior gear and weaponry, and most often the armed homeowner becomes another sad statistic in the War on [Noun Z]. In the rare cases where the armed homeowner prevails, the full fury of the "justice" system is brought to bear. The IN ruling only codified what has been happening for decades.

It doesn't make it right, of course; the judges responsible for this piece of litigious excrement deserve to be drummed out of office, stripped of their right to practice law, and reduced to asking "would you like fries with that" for the next 30 years or so. Instead, it will (hopefully) be quietly overruled, the responsible parties incurring no penalties other than having their ruling overturned. If IN judges are elected, hopefully the good folk of Indiana will vote them the hell out; if they are appointed, hopefully the good folk of Indiana will vote out the bums that appointed them. If we start applying sufficient negative reinforcement, perhaps these sorts of rulings will cease.

And while I'm dreaming, I'd like a pony*...

That is all.

*Calvin & Hobbes reference. I'm still waiting for my gasoline-peeing unicorn.

9 comments:

North said...

"I'm still waiting for my gasoline-peeing unicorn."

Smoking discouraged. Unicorn does not taste like chicken.


WV: touching

Wally said...

I want to be on that jury.

ASM826 said...

I had a gasoline peeing unicorn, but I took him camping.

Ruth said...

it gets worse, lookit what I saw in the news today:

http://www.usatoday.com/news/washington/judicial/2011-05-16-supreme-court-police-search_n.htm

Bubblehead Les. said...

Jay. I think you are missing the Point. It's not so much the Ruling itself, but WHERE the Ruling took place. Red State Indiana says it's okay for the Cops to illegally enter one's home, and one can be charged or killed for resisting it? Think about it. That's like the Montana Supreme Court ruling that all Firearms must be Registered, Licensed and follow the Canadian Model for Ownership. Or the Anointed One saying he now supports Destroying Obama Care, and has ordered the Congress into emergency session to do so. I don't think there would be so much outrage if this came from the Kalifornia, Massachusetts, New York or Maryland Supreme Court, but from Indiana? This sets up way too much Precedence to be tolerated out here in the Free States.

Jay G said...

Les,

Cops - and the judicial system - covering for cops isn't limited to blue states. Read Tam's account of the PWI (Policing While Intoxicated) IN police.

Hell, that's probably why the ruling was passed - they were afraid some Indiana cops would get hammered, bust down the wrong door, and get their asses shot by the homeowner therein...

Geodkyt said...

North, If you're touching a unicorn, you must either work in teh White House, or at least for TSA.

{ducks}

North said...

*throws glittery mutton at Geodkyt*

Daniel in Brookline said...

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.

Just sayin'...

No doubt I've seen more blatantly unconstitutional law in my time, but I can't think of where it would have been. And I'm dumbstruck by the sheer chutzpah of the judge to invoke the Fourth Amendment in the ruling!

I suspect we may soon see signs in Indiana, to the effect of "Dear Policemen: we are law-abiding citizens here, and we are armed. If you think you have reason for a no-knock raid, you have the wrong house. If you break down my door without identifying yourselves, be prepared to be met with a shotgun. Act like a burglar, and you will be treated like one. Have a nice day."

respectfully,
Daniel in Brookline