JUDICIAL INSANITY IN INDIANA
By Dr. Edwin Vieira, Jr., Ph.D., J.D.
May 21, 2011
Recently, a rather shocking “judicial opinion” was handed down by a bare majority of the Indiana Supreme Court, to the effect that it is supposedly illegal under Indiana’s “public policy” for any individual to resist an unlawful search, seizure, arrest, or other assault or detention by rogue law-enforcement officers (or, presumably, any other rogue public officials purporting to enforce, but actually violating, the law).
Many people are rightly concerned that this decision will provide more grist for the mill of the national para-military police state now being elaborated around the misnamed Department of Homeland Security, which is stretching its tentacles into every State and Local police department. No doubt it will—and perhaps was even intended to do so. For, plainly, this decision is an all-out frontal attack on a principle well known to the Founding Fathers. As Sir William Blackstone observed, “[s]elf-defence * * * , as it is justly called the primary law of nature, so it is not, neither can it be in fact, taken away by the law of society”. Commentaries on the Laws of England (Philadelphia, Pennsylvania: Robert Bell, Subscribers’ Edition, 4 Volumes & Appendix, 1771-1773), Volume 3, at 4.