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.

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

Getting falsely accused of domestic violence in Minnesota may put you at risk of losing your job, custody of your children, or even your home. You may face criminal charges and the accusation may damage your reputation in the community, as people will now view you as an abuser. False domestic violence accusations often happen when couples are in a contentious relationship with a risk of divorce.
The top reasons for license suspension in Minnesota include driving under the influence of alcohol, repeated traffic violations, and failure to appear in court or pay fines. Failure to pay child support, criminal convictions and felonies, medical conditions/disabilities, and drag racing can also lead to license suspension. The suspension takes away your driving privileges, preventing you from driving legally.
Motorists arrested for allegedly driving while impaired might wonder, “Can you refuse a breathalyzer?” In Minnesota, the implied consent law requires a person licensed to drive, control, or operate a vehicle to agree to a chemical test to check for alcohol or other intoxicants in that person’s body. Refusing to submit to a breathalyzer or another chemical test is a crime, often charged as a gross misdemeanor.