In this case the attendant circumstance was mere expedience on the part of the police officers.
We note, however, that the officers were investigating a domestic violence in progress in response to a 911 call.
No they weren't. There was no objective evidence of domestic violence in progress or an event that had just been completed. A person has a right to destroy their own property provided they do not do so in a manner dangerous to others. The evidence at bar is that the defendant was destroying his own personal property.
The dispatcher's claim, standing alone, is not evidence (it is at best "hearsay") and was immediately and objectively rebutted upon the officer's arrival on the scene.
The officers cannot properly assess the complaint and the dangers to those threatened without some limited access to the involved parties.
They had such evidence and access. When the officers arrived they saw both husband and wife. Neither party showed interest in interaction with said officers and in fact the record shows that both acted to withdraw from said officers' presence which is utterly inconsistent with either of them being battered and thus requiring or desiring law enforcement intervention.
Probable cause was destroyed the minute law enforcement arrived as not only did neither party show interest in interaction with the officers there was no evidence that either had been struck or otherwise injured.
Lacking probable cause to believe a crime had been or was about to be committed the officers had no right to enter upon this man's private property. That should have been the beginning and end of it and in fact law stretching back to 1200 AD, wildly pre-dating the foundation of this nation, has repeatedly recognized that it is.
In sum, we hold that Indiana the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law.
Then you no longer have a 4th Amendment in Indiana and Indiana is now both a police state and the United States as a federal government is now in violation of its Constitutional duty to guarantee that each state has a republican form of government.
Mitch Daniels, Governor of Indiana, by not directing his State Attorney General and Prosecutors to drop this case and moot the appeal, has demonstrated through his direct and proximate actions that he is Adolph Hitler personified and is thus disqualified to run for President of the United States.
Does anyone remember how that right to "redress" in the courts for illegal arrests worked out for the Jews in Germany?
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