The judge doesn't make any sense. How can it be wrong to resist something unlawful. I think they're all stupid -- English common law, though a part of our countries legislative background, should not be above anything declared by our congress or Constitution. Policemen need a warrant and that's that.
Stupid. Police could be off duty and breaking into your house. They need a search warrant or an actual reason such as a known criminal just ran in there. Or someone could just steal a policeman's uniform.
The law just said you had no right to try to keep the cops out if they tried to enter. You can still go to court if you feel the illegal entry was unjustified.
So basically, it's not about letting officers just break into whichever home they feel like without any consequences, it just prevents home owners from trying to keep them out if they do.
I'm not saying I agree with it, but some of the previous posts really made it sounds a lot worse than it was.
"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."
If you resist an officer trying to enter your home, with or without a warrant, it is still considered assult on an officer. The charges will not be dropped merely because the officer was there without a warrant. Now, any further convictions stemming from evidence obtained from your house would be inadmissable in court, but the assult on an officer charge would still stand.
So basically, it's not about letting officers just break into whichever home they feel like without any consequences, it just prevents home owners from trying to keep them out if they do
So now cops can come in, have a cup of tea, take a shower, and eat your food, and you can't do anything about it. They are allowed into your house, and you obviously can't call the cops.
If you resist an officer trying to enter your home, with or without a warrant, it is still considered assult on an officer.
Not if you resist by simply closing your door, or standing in the doorway like in the article. And considering the officer tried to force his way in it wasn't even assault then to push him away.
@Moe, by resisting I mean physically pushing and shoving an office in an attempt to keep him out of your home. Closing the door doesn't count, but if he/she breaks in, then keep your hands off, and sue him later.
That's the thing -- it seems a little hard for anyone without a camera on their front porch.
As Valkery said, Police officer comes in -- eats food, has a shower, pissed on the wall, leaves, no warrant. You sue him later and he says 'hell naw'.
I don't see where my privacy is protected. If a police officer illegally tried to enter, I believe we should have a right to say no, and he should be obligated to GTFO.
