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

Confidential informants may provide integral information to help build criminal investigations, but how reliable is that information when they are receiving payment for their services? To protect them, state law requires the identity of informants be kept confidential. For those facing criminal charges, however, this creates challenges in questioning the accuracy and validity of the information given at trial.
Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.