What will we say when the government announces that “for security reasons” it will begin conducting random checks of our homes? That we will be required by law to open our doors and stand aside while government agents do a walk-through, just to “be sure” and (of course) “to keep us safe”?It is a serious question, not (as I will be accused of purveying) exaggerated or paranoiac. After all, we are already told specifically that we have no legal expectation of privacy when we’re out in public and it’s been implicit for years now that we have very little left in the way of Fourth Amendment rights anywhere – even in our own homes. See, for example, the recent Indiana Supreme Court decision that a homeowner has no right to resist even an illegal, warrantless and probable cause-free entry by cops. A cop, possibly psychotic, without doubt armed and packing the state’s authority to administer lethal violence – can literally kick in your door, for absolutely no lawful reason whatsoever – and if the homeowner resists, it is the homeowner who is in violation of The Law. If, say, you are asleep in bed and are awakened suddenly by the sound of your door being kicked in and you – fearing for your life – grab the pistol you keep by your bed and shoot the unknown berserker, it’s you who will go to prison!
“We believe,” said these latter-day Roland Freislers, that “… a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.” (Italics added) “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.”