Eads, Etc. v. J. & J. Sales ( 1971 )

Concurring Opinion

Arterburn, C. J.

I concur in the result of this opinion in denying equitable relief against law enforcement officers who attempt to enforce violation of the criminal law. This is in line with my dissenting opinion in Tinder v. Music Operating (1957), 237 Ind. 33, 142 N. E. 2d 610. In that opinion I did not think that equity, by way of injunction, should attempt to take over and control the criminal side of the law. Under American criminal jurisprudence a defendant, in a criminal case, is given the widest and most liberal opportunity to clear himself and prove himself innocent. Official discretion in prosecuting criminal activity is independent of the judicial branch of government.

To often we judges are prone to substitute our personal opinion, rather than let the criminal law take its regular course with the law enforcement officers in a separate branch of government. I can see no grounds for the criminal side of the court getting involved and restricting law enforcement.

Note. — Reported in 275 N. E. 2d 802.