Is Your Home Your Castle?

Posted Sunday, May 15, 2011, at 6:05 PM
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  • Wouldn't the evidence have to be overwhelming in these cases in order to allow the police/sheriffs to enter your home unannounced to protect the dept.'s from lawsuits and damages? Just curious. Thanks Charles, and great blog!

    -- Posted by karenmeister on Mon, May 16, 2011, at 8:48 AM
  • Karen,

    These rulings do not change the requirements for the issuance of a warrant or the warrant exceptions. A warrant should be issued upon showing probable cause supported by oath or affirmation upon review of a judicial authority.

    One ruling apparently states that officers no longer need to announce their presence before entering. The other ruling states that when an officer enters your home ILLEGALLY, the home owner has no right to resist the officer.

    One of the cases is Barnes v. State 82S05-1007-CR-00343. These cases have been picked up by the American Bar Association Journal and the Chicago Tribune.

    -- Posted by Charles Hear on Mon, May 16, 2011, at 5:31 PM
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