Bryan Brown
News-Sentinel.com
September 23, 2011
Last May the Indiana Supreme Court surprised constitutionalists and patriots the nation over by calling the “castle doctrine” — that is, the age-old view that a man’s home is his castle, his place to defend from all unauthorized invasions — a thing of the past.
The newly minted Justice Steven David, writing for himself, Chief Justice Randall T. Shepard and Justice Frank Sullivan, decreed the following to be Indiana law (over the dissent of justices Robert Rucker and Brent Dickson):
“We believe, however, that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence. … Nowadays, an aggrieved arrestee has means available at common law for the redress against unlawful police action.”
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