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Missy

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Court: No right to resist illegal cop entry into home

INDIANAPOLIS | Overturning a common law dating back to the English Magna Carta of 1215, the Indiana Supreme Court ruled Thursday that Hoosiers have no right to resist unlawful police entry into their homes.

In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry.

"We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," David said. "We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest."

David said a person arrested following an unlawful entry by police still can be released on bail and has plenty of opportunities to protest the illegal entry through the court system.

The court's decision stems from a Vanderburgh County case in which police were called to investigate a husband and wife arguing outside their apartment.

When the couple went back inside their apartment, the husband told police they were not needed and blocked the doorway so they could not enter. When an officer entered anyway, the husband shoved the officer against a wall. A second officer then used a stun gun on the husband and arrested him.

Professor Ivan Bodensteiner, of Valparaiso University School of Law, said the court's decision is consistent with the idea of preventing violence.

"It's not surprising that they would say there's no right to beat the hell out of the officer," Bodensteiner said. "(The court is saying) we would rather opt on the side of saying if the police act wrongfully in entering your house your remedy is under law, to bring a civil action against the officer."

Justice Robert Rucker, a Gary native, and Justice Brent Dickson, a Hobart native, dissented from the ruling, saying the court's decision runs afoul of the Fourth Amendment of the U.S. Constitution.

"In my view the majority sweeps with far too broad a brush by essentially telling Indiana citizens that government agents may now enter their homes illegally -- that is, without the necessity of a warrant, consent or exigent circumstances," Rucker said. "I disagree."

Rucker and Dickson suggested if the court had limited its permission for police entry to domestic violence situations they would have supported the ruling.

But Dickson said, "The wholesale abrogation of the historic right of a person to reasonably resist unlawful police entry into his dwelling is unwarranted and unnecessarily broad."

This is the second major Indiana Supreme Court ruling this week involving police entry into a home.

On Tuesday, the court said police serving a warrant may enter a home without knocking if officers decide circumstances justify it. Prior to that ruling, police serving a warrant would have to obtain a judge's permission to enter without knocking.

Source.

Let's all take a second to consider this. According this ruling, if a cop feels like walking in and taking a nap on your couch, he can. Yeah, this is so getting over turned. I am aware that circumstances in the case were iffy but still, the sad truth of the matter is both parties said that everything was fine and the cops had no warrant.

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Save California thinks Harvey Milk Days will make your kids gay,

Dumb dumb dumb dumb dumb

Dumb dadumb dumb dumb dumb dumb

Dumb dadumb dumb dumb dumb dumb

Dahumb dahumb dumb dumb dumb dumb

Dumb dumb dumb dumb duuumb, duuumb. [/south Park]

Also, pulling the old gays assault teenagers trick. Nice.

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I love these "the gays have an agenda" videos. Yeah, the LGBTQ community does have an agenda, and it's called wanting to be treated like equal human beings.

It's also funny that the producers of this anti-gay tripe don't seem to recognize that they have an agenda, and it's to oppress other people. And even if they do realize they have an agenda, somehow they think oppression (disguised as "Won't somebody please think of the children?!") is a better message to teach children than equality and love (regardless of gender).

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GameStop is expanding a test program to buy and sell used devices such as iPods, iPads and iPhones to 20 stores.

The trade-in program, mentioned by GameStop management yesterday at analyst firm Sterne Agee's Consumer Conference, is expected to bring in margins of close to 50 percent, similar to those for GameStop's used game business.

Company president Tony Bartel earlier told Gamasutra in April the company had begun testing tablet trade-ins in five Dallas-area stores, with a nationwide rollout planned for "later this year."

Overall, GameStop is making a big push into the tablet gaming space following the March purchase of streaming technology company Spawn Labs. The company is even considering manufacturing and marketing its own game-focused tablet, according to Bartel.

At the Sterne Agee conference, GameStop reiterated plans to limit net square footage growth across its retail locations, using customer data to identify and consolidate redundant stores.

Much of that customer data comes from the company's Power Up Rewards program, which it hopes to grow from 10 million current members to as many as 15 million by year's end.

These loyal customers spend three times as much as non-members, the company said, with 60 to 65 percent paying $14.99 a year for additional membership privileges.

Sales of digital content remain a focus for GameStop -- the company highlighted in-stores pre-orders of 50,000 Black Ops Escalation map packs, with 150,000 more sold to walk-in customers just after release.

The company also said that it has had success pushing in-store DLC sales alongside used game purchases, a development that could help reduce publisher discontent with the used game market.

http://www.gamasutra.com/view/news/34878/GameStop_Testing_iOS_Device_Tradeins_Continues_To_Consolidate_Stores.php

They've thoroughly pissed off the gaming industry with their used games. I can't wait to see how Apple(really AT&T) responds to this.

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  • 2 weeks later...

Seems like these guys are just trying to jump on top of the fame of the last people who hacked the PSN. There's no reason to believe that these are the same guys at all.

They were the guys that did the last 2 or 3 hacks, but not the original. They are also the guys that hacked PBS last week and put up a fake story about Tupac being found alive.

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Congratulations Tennessee! Governor Bill Haslam has put your state in the national spotlight and, for once, it has nothing to do with Bonnaroo or how bad the Titans are. The republican executive of the state signed a ban on "distressing images" into law last week that we're sure constitutional lawyers are going to have a field day with. Anyone who sends or posts an image online (and yes, that includes TwitPics) that they "reasonably should know" would "cause emotional distress" could face several months in jail and thousands of dollars in fines. The best part? Anyone who stumbles across the image is a viable "victim" under the law and the government doesn't even have to prove any harmful intent. So, Tennessee residents who aren't cautious enough using Google image search could get a few people in trouble. Another, and perhaps more perturbing, part of the same bill also seeks to circumvent restrictions on obtaining private messages and information from social networking sites without a search warrant. We give it about a month before this gets struck down on obvious grounds that it's unconstitutional.

http://www.engadget.com/2011/06/10/tennessee-law-bans-distressing-images-opens-your-facebook-inb/

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