Editorial note from Elias Alias on May 23, 2011:
The Indiana Supreme Court has stated the following:
“We hold that there is no right to reasonably resist unlawful entry by police officers.”
Read that for yourself in the Indiana Court’s pdf:
As a reaction to that judgment by the Indiana Supreme Court, Allison Bricker called Indiana Sheriff Don Hartman, Sr., and conducted a telephone interview. She then posted her article on May 16, 2011,
and her article was picked up by Mike Church and posted at his site, here:
From the Mike Church site, I picked up the article and have posted it here at Oath Keepers on May 19, 2011. In a comment posted by “Bill” under this article I have been made aware that the Sheriff, Don Hartman, Sr., denies saying what Ms Bricker says he said. So now we have a situation in which we’re forced to choose whom to believe. In the interest of fairness and honesty, and in pursuing the truth, I am now going to post Sheriff Hartman’s brief commentary as I found it on his official website, here -
On May 16, 2011, I was contacted by a reporter of an internet radio station. Her question concerned a recent Indiana Supreme Court decision, allowing police officers to make random warrantless searches. I advised her that I was not clear on that particular ruling; she then asked how the Sheriff’s Office conducted searches of residences. I informed her that searches were only conducted with a warrant, probable cause or when an officer is in hot pursuit. When questioned about the Supreme Court ruling, I advised her that as police officers, we enforce those laws set forth by our legislative branch. This reporter then asked about the violation of Constitutional Rights. This State Supreme Court ruling in my opinion cannot override our U.S. Constitutional Rights and I’m sure this state ruling will be revisited…. (snip) … This court ruling is just open for lawsuits if a police officer would attempt a random search without due cause. Somewhere in this conversation things were definitely taken out of context. I’m now quoted as saying the Sheriff’s Office will be conducting random house to house searches. I want the citizens of Newton County to rest assured that no member of the Newton County Sheriff’s Office will enter the property of another person without first having a warrant orprobable cause to do so. I strongly stand behind my oath to uphold the Constitution of the United States of America, as well as that of the State of Indiana. – Sheriff Donald E. Hartman, Sr.
Read the whole statement at the above link.
The article below is just as I posted it originally, but I did want to offer the statement by Sheriff Hartman. Also, I hope to hear from Ms Bricker regarding whether she recorded her interview with Sheriff Hartman.
Now to the article.
Over the hill and through the woods, it’s house to house we go…
Indiana Sheriff: If We Need to Conduct RANDOM HOUSE to HOUSE Searches We Will
By Allison Bricker
CROWN POINT, Ind. – According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011. When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.
Speaking under the condition of anonymity, a local city Police Chief with 30 years experience in law enforcement directly contradicted the Newton County Sheriff’s blatant disregard for privacy & liberty, stating that as an American first, such an action is unconscionable and that his allegiance is to the Indiana and federal Constitutions respectively. However, he also concurred that the ruling does now allow for police to randomly search homes should a department be under order by state or federal officials or under a department’s own accord.
At this time we are still awaiting comments from several state offices.
However, the spokesperson for the INDIANA ATTORNEY GENERAL took umbrage at what he referred to as “large” assumptions regarding police power and at this time has no comment. He did however indicate that should the INDIANA Attorney General, Greg Zoeller feel it necessary to make a statement, that this reporter would be included in the distribution of the release.
Source(s): Indiana Supreme Court Ruling, BARNES vs. STATE of INDIANA No. 82S05-1007-CR-343 • Telephone interview for comment with Newton County Sheriff Don Hartman Sr., May 16th, 2011
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