Indiana Court Rules Illegal Arrests Cannot Be Resisted Even At Home

An Indiana appeals court has ruled that, when faced with an illegal arrest, citizens have no right to resist arrest in their homes by the police. The court over-ruled English-American common-law precedent dating back to 1215, the date of the Magna Carta. The Magna Carta was the first basis charter of human rights and civil liberties in English constitutional history. It formed the basis for the Bill of Rights of our U.S. Constitution, including the principle that police may not violate your rights and affect an Illegal Arrest if they do not have a Search Warrant or certainly narrow exceptions to the Warrant Requirement.

Under the Indiana decision issued earlier this week, the Indiana court said it is contrary to public policy to encourage citizens to fight with or resist the police, even if the citizen’s rights are being ignored or violated. The appellate court held that citizens have an adequate remedy for violations of Fourth Amendment Search and Seizure law even without fighting with police to resist an illegal entry into their homes. Instead, they could sue the police under federal civil rights law or get evidence thrown out under the Exclusionary Rule. The Exclusionary Rule states that courts must suppress or throughout any evidence that is gained illegally or by violating a citizen’s rights.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.