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Two Indiana Supreme Court justices and four Court of Appeals judges are up for retention on Election Day in November. Voters will decide “yes” or “no” on whether to retain each justice or judge. Justices are elected to a term that could potentially last for 10 years. Once the justice is elected it is virtually impossible to remove them.
On May 12, 2011, one of these justices chose to stand in opposition to our U.S. Constitutional Fourth Amendment Rights. That’s the amendment where it says Americans have the right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation.
Justice Steven H. David, the author of the Indiana Supreme Court statement, turned a blind eye to your constitutional right by issuing the following opinion. “We hold that in Indiana the right to reasonably resist an illegal police entry into a home is no longer recognized under Indiana law.” Hon. Steven H. David (R. Barnes v. State of Indiana May 12, 2011. No. 82S05-1007-CR-343) Indiana’s Supreme Court’s ruling, in effect, gives law enforcement carte blanche to enter a home, even if it knowingly commits unlawful acts to do so, by declaring that ‘other remedies’ are available to an individual. However, the foundations for these ‘other remedies’ are based on our Fourth Amendment constitutional protection.
This Nov. 6th it’s your turn to make a statement. Send a message to the Indiana Supreme Court Justices that your U.S. Constitutional Rights are not to be violated by voting ‘no’ to retaining Justice Steven H. David, the author of the court’s decision. If Justice David is not removed from the bench this November we can look forward to 10 more years of unconstitutional legislation from the courts.