Tuesday, May 24, 2011

Due process is so outdated

According to the Indiana State Supreme Court your 4th Amendment protections are no longer necessary* because, you know, prison isn't all that inconvenient anymore anyway.**

In his appeal, defense attorneys suggested that his first jury had not been instructed of the defendant's right to resist unlawful entry by police -- a cornerstone of the modern legal system that goes all the way back to the Magna Carta. The defense insisted everything following the reputed unlawful entry by police was the result of an illegal search and that officers had neither a warrant nor probable cause to enter.

The case ultimately reached the Indiana Supreme Court, which ruled last week that current "public policy" is not conducive to resisting entry because civil protections have arisen to mitigate the threats of pre-industrial prison life -- threats like indefinite detention, violence or disease from unclean, overcrowded facilities.

Does Mark St. Pierre know about these threat-scrubbed post-industrial prisons we all enjoy these days? Seems like he's spending a lot of money on lawyers to avoid one.

*Link via Hurricane Radio

**Offer not valid in California.

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