A little-noticed Indiana Supreme Court decision late last week overturned long-standing precedent and stripped citizens of the right to resist unlawful police entry to their homes, in a move dissenting justices called ‘breathtaking’ and ‘unnecessarily broad.’

The ruling, which came on the appeal of a case in which police subdued a man who refused to allow them entry to an apartment following a report of domestic violence, strikes to the heart of the Constitution’s Fourth Amendment, which protects citizens from unlawful search and seizure.

It effectively means that officers may enter any residence without warrant, probable cause or permission of the owner, leaving citizens’ only legal recourse against such intrusions in the hands of police review boards or district courts.

‘[We] hold that the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law,’ the court’s majority wrote in it’s verdict on Richard L. Barnes v. Indiana.

The decision, which came down from a split vote of 3-2, drew sharp dissents from Justices Brent E. Dickson and Robert D. Rucker.

‘In my view, the wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad,’ […]

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