Marti Oakley (c)copyright 2011 All Rights Reserved
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Most of us have concluded that our judicial system is a farce with the entire country choking on the corruption of the judiciary on all levels. We have become far too tolerant of judicial misconduct and the intentional refusal to adhere to the law and constitutional rights by what has become known as
the Black Robed Mafia. Never are the citizens of any state in greater danger than when they are forced to step into any court room in this country.
On too many occasions judges openly declare that the law is “what I say it is”, then proceed to violate rights, refuse to allow evidence that would counter the oppositions arguments, threaten plaintiff’s and/or defendants with jail for demanding their rights, or, if all else fails, refuse to allow them to speak in their own defense. We even have instances of judges threatening the victims in their courtrooms with jail for mentioning the Constitution.
The Supreme Court of the United States has become an unnecessary burden on the country, rendering obviously unconstitutional opinions and rulings bearing little resemblance to the rule of law and the constitution. The state courts are following suit and rendering a few zingers of their own which should have each of them disbanded until a suitable reconstruction effort can be achieved.
Possibly having advance notice of the impending passage of the police state bill S.1867, which struck down any remaining defenses we had against federal and military threat, the Black Robed Mafia in Indiana fired a shot across the bow of the Constitution……and not one legislator or even the governor of Indiana spoke up to defend the citizens of Indiana from what is clearly a court determined to align itself with the burgeoning police state.
The Indiana Supreme Court ruled in a 3-2 decision the following:
“In sum, we hold that in Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.” Indiana Supreme Court Justice Steven David said,
“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 unavailable at common law for redress against unlawful police action.
Further, we note that a warrant is not necessary for every entry into a home. For example, officers may enter the home if they are in ―hot pursuit of the arrestee or if exigent circumstances justified the entry.”
“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.”
From the New American: Justice David acknowledged that he was overturning many centuries of common law precedent in favor of his “public policy” decision, admitting that “The English common-law right to resist unlawful police action existed for over three hundred years, and some scholars trace its origin to the Magna Carta in 1215.”
By this courts own words; “the right to resist an UNLAWFUL entry”. Did these people not read what they wrote? What they are telling the public is that its ok for law enforcement to break the law, even if you didn’t and, that you have no real recourse if they do!
And what, precisely is modern Fourth Amendment jurisprudence? I assume that would be a reiteration of the suspension of habeas corpus, due process, don’t need a warrant, we can arrest without probable cause, and the new and improved, we can terrorize you without repercussion add-ins attached to various bills.
Exigent circumstances
Exigent can mean : Emergency conditions. ‘Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.’United Statesv. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984).
Exigent, can also mean doing far more than what would be determined to be reasonable and this no doubt is what the Indiana Supreme Court was affirming. The right of police to unlawfully enter a structure of any kind without warrant or oath of affirmation attached to a warrant and without showing probable cause as to why they are pursuing or attempting to capture an individual(s).
There is no modern day jurisprudence attached to the Fourth Amendment.
What we have is a modern judiciary that serves as a rubber stamp for the actions of the police state being assembled. Just because these renegade courts issued an edict saying they made legal that which was unlawful….does not mean that the interpretation or protections of the Fourth Amendment somehow changed. What it does mean is that we have a court system that should be taken apart and reconstructed with individuals who not only know about our constitution, but who are also prepared to defend it.
“From the New American: Perhaps the egregious part of the Barnes decision is that it was made without any pretense of legislative or constitutional justification. To the contrary, every law and constitutional citation made by Justice Steven David reasserted the citizen’s right to resist unlawful entry, and the court justified its decision on “public policy” considerations and a few activist court decisions.”
The only thing more egregious than this court decision is that these Black Robed Mafia members are allowed to continue sitting on the bench.
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http://www.in.gov/judiciary/opinions/pdf/05121101shd.pdf
Hey! ppjg!
But your forgetting the absolute rule, that the Bankers(Rothchilds, Bilderbergs, Harrimans, Koch family, and Rockefellers) know! and “I know!”
The Golden Rule: “Those who own the Gold!, Rule!”
You cannot eat gold at least not with the idea of subsisting on it.
Since this website, at least on the surface, appears to at least “try” to look for the truth, I as a scientist and philosopher will now reveal the real truth of what’s going on, and we’ll see if the owner of this board allows this post to remain, most likely not, but we’ll see: Google “Gold Trading Academy” to learn more.
Hey!, I knew about this Mafia Government (a morphing of Russian (Jewish) Mafia & Italian Mafia & American Mafia) (that really run this U.S. Government-Obama just a Puppet, as is Senate, just a facade, along with Congrress-just running a game of “Smoke and Mirrors parlor illusion Trick”, along with a “Dog and Pony show” from my bogus and lied to case, where upon the Federal Judge (Edward Korman) of Eastern Federal Court, Brooklyn NY) who by acting in collateral and cahoots with Federal Prosecutor violated about 25 Federal Statue limitations and violated “Constitutional Laws” “afforded to a defendant” with rights in a Federal Court of Law. Both the Judge and Prosecutor violated about 25 Federal Laws afforded to a Defendant, bcak from 10-31-1989. They still live with the lie, till this day, on the lie, of conviction/indictment, as of 22 years later.
We are not safe.
I too am a resident of Indiana and I read this case the day it was issued. As I recall, under the facts of the case the guy did not have a right to resist in the first place, which made the case perfect for writing the opinion the court did.
Courts are famous for taking a factual setting they like politically to write an opinion that suits them politically.
Please do us all a favor —- IF Mitch Daniels ever runs for President, vote for Mickey Mouse even if you must write in the name
REVOLUTION!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
[...] is how it starts. An exigent judiciary: Nothing supreme about Indiana Reply With Quote + Reply to Thread « Previous Thread | [...]
As a resident of Indiana I have been aware of this decision from the day it was handed down.
The Constitution has been suspended under COG [Continuity Of Government] since 9/11. The US has been under a renewed state of emergency since that date. This was codified in the PATRIOT Act in the same year [2001].
But realistically, Amerika has been under a state of emergency since 1933, and has never reverted back to constitutional governance since that time.
It has been an absurdest theatrical play driven by the perception manipulation of the Public Relations Regime for the entire lives of most living today.
It is merely unveiled drip by drip. It is easy to see that the fruition of this totalitarian police state is now at hand.
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Do what I do vote *not* to reelect every judge on the ballot at each election.
If Congressman and Dr. Ron Paul does not win the presidency in 2012, then the States/people will demand SECESSION from the federal government monsters in Washington DC.
We are not under Constitutional LAW that is why it cannot be mentioned in court. WE are under Maritme LAW look it up.
You cannot be prosecuted under one jurisdiction and defend yourself
under another.
http://www.detaxcanada.org/cmlaw1.htm
Yes Ken, I did jump the gun when I said S1867 was law. Obama does NOT care about the Constitution. If he did, we would not have ObamaCare and other things that he has put on the table. So, it is doubtful that he will veto this bill when it gets there, and it will pass the house too. He has said that he would, but he won’t.
Even if he does sign the bill into law, there is not one congressman, cop or anybody else that will arrest him for treason. If there was, he would already be in jail.
My thoughts, my opinion.
The constitution give you the right to bear arms and to form militia
is time to obey the constitution
When the establishment violate the constitution protecting the people , is time to go to the castle with the pitch forks . Lately the cops get armored vehicule belonging to the military to intimidate the citizens !! Well considering the mediocre result of the war in Afghanistan , is full hope then it can be the same in the US , Travel light , be fast and mobile , are the number one rule of the guerilla , those gadget given to the police are toys to reasure the plutocrats and their lackeys the papers rats GI Jo !!!Donuts eater full of gas
Will see when the veterans will turn on them as long they will last those corrupt bastard in black robe and their lackeys
Ellen, you’re jumping the gun. S.1867 is NOT the law. It first goes back to the House for a vote, then it goes to Obama to sign or veto. IF Obama signs it into “law” then he has NOT protected the US Constitution under his oath and is fit to be forcefully removed under the 25th amendment. He has also committed TREASON and can be removed by ANY cop who arrests him.
Fascism by any other name would smell just like this does!
What most people seem to fail to recognize (or seem to forget) is that NOWHERE in the constitution does it provide the Supreme Court (neither at the state level or even the federal level) the power to interpret the meaning of the constitution. Supreme Courts can only provide their decision ON INDIVIDUAL CASES. The meaning of the constitution is up to THE PEOPLE! If the people feel that the government (and the courts) are not following the spirit of the constitution, the people have the right (as IS stated in the constitution) to disband the government.
The constituion is up to the PEOPLE to protect. Not the courts.
I guess Governor Daniels doesn’t care about the Constitution either. Look for this to happen in every state now that S1867 is law. We are not safe any longer.
Vote for Ron Paul..