Indiana Courts Strengthen 4th Amendment Against Lying Police Officers

The Indiana Court of Appeals has upheld the 4th Amendment against Officers that lie in order to get into a person's home.  In the case of Harper v. State Police Officers lied in order to gain entry into a person's home.  Once inside the officers arrested this same person and when the officers requested she remove her wedding ring, the individual shook her shoulders forward and pulled away from the police officers.  The State of Indiana then charged this individual with Resisting Law Enforcement.  

The Court ruled that when officers want to enter into a home, even to arrest a person, the police need a warrant.  While there can be exceptions to this rule, the State must prove the exception exists.  And the Court reaffirmed that an exigent circumstance does not exist simply because a person is inside the home that an officer wants to arrest.  Most importantly, the Court ruled that since the Officers were not engaged in the execution of their lawful duties the person arrested could not be guilty of resisting law enforcement.  

The police are allowed to lie to people during the course of an investigation. The police are allowed to make promises they do not intend to keep to people during the course of an investigation.  The solution?  Do not talk to the police.  Do not invite them into your home. If the police show up at your home, demand to see a warrant.  If you or a loved one have been arrested, contact Attorney Marc Lopez by email or at 317 632 3642.