Indianapolis — Indiana Supreme Court Justice Steve David says a campaign to remove him from the bench is based on language that was “lifted out of context.”
According to the Associated Press, the Indiana Tea Party and others want David, who was appointed to the bench in December 2010 by Gov. Mitch Daniels, defeated in the Nov. 6 general election because they are angered over a May 12, 2011, ruling in which David wrote the majority opinion. That original 3-2 decision upheld a man’s conviction for resisting law enforcement after he shoved an officer who tried to enter the man’s Evansville home without a warrant.
No one from Boone County Tea Party was available for comment and there is nothing on its website about removing David from the bench. However, the Vanderburgh County Tea Party said on its website that the ruling, “in effect, gives law enforcement carte blanche to enter a home, even if it knowingly commits unlawful acts to do so, by declaring that ‘other remedies’ are available to an individual. However, the foundations for these ‘other remedies’ are based on our fourth amendment constitutional protection.”
At least one Boone County resident agrees. Larry Truitt, Thorntown, posted on his Facebook page that David “is the judge who feels it is OK to enter your house without a warrant. He has forgotten the rights we have against unlawful search. He needs to go.” Removing David “needs to be our #1 objective in Indiana on Election Day,” Truitt said. Truitt also could not be reached for comment.
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