I implore you to examine the matter carefully, and take whatever action is within your power to undo this act. This recent ISC decision violates both of those principles- it intrusively expands the role of government by severely curtailing the right of the individual to resist illegal police action with judicious force. Chief among the qualities I admire about you, are your steadfast devotion to reducing the size and scope of government in all respects, and your exceptional efforts in broadening the rights of individuals to defend themselves, their families and their homes by enacting protections for those who exercise their Constitutional right to keep and bear arms. Governor, I have become an ardent participant in the movement to convince you to run for the Presidency of the United States. I cannot fathom how any reasonable person can believe that abrogating the essential liberties of the public, in furtherance of government intrusion, can be seen as an acceptable "public policy". The justices also cite "public policy" as a basis for their decision. The justices responsible cite "current Fourth Amendment jurisprudence" in their decision- said "jurisprudence" ignores both the letter, and the intent, of the Fourth Amendment of the United States Constitution, and the substantially similar Article 1, Section 11, of the Indiana State Constitution. It also ignores the current laws of your state, which permit the use of reasonable force for such purpose, and which only prohibit the forcible resistance of lawful police acts. This decision violates nearly 800 years of legal precedent, from the Magna Carta of 1215 to, most recently, a United States Supreme Court ruling in 1948 (one of two such rulings in the 20th century) authorizing the use of reasonable force to resist such unlawful entry of a home by police. I write to you to express my severe outrage regarding a recent decision of the Indiana Supreme Court, and to implore you to take action in this matter.Īs you are undoubtedly aware, on Thursday the 12th of this month, the Indiana Supreme Court ruled that a private person is not entitled to forcibly resist the burglary of his home by law enforcement officers acting under "the color of law".
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