FYI: Court Opens Door To Searches Without Warrants

Submitted by Mr. KIM on 03/28/2004 at 12:02. ( ) 152.163.253.7

This was sent to me and I thought all of you should be aware of this. Some ove you obviously already know this. Taxidermy business is another reason for "THE NEED TO KNOW AND SEARCH." But that is ok. We don't have anything to hide do we? Freedoms are going away! We can trust Law enforcement NOT to abuse this ruling, right? Laughter abounds and all of us fall down.................KIM

TheNewOrleansChannel.com
Court Opens Door To Searches Without Warrants
POSTED: 3:55 PM CST March 26, 2004
UPDATED: 4:36 PM CST March 26, 2004

NEW ORLEANS -- It's a groundbreaking court decision that legal experts say will affect everyone: Police officers in Louisiana no longer need a search or arrest warrant to conduct a brief search of your home or business.

Leaders in law enforcement say it will provide safety to officers, but others argue it's a privilege that could be abused.

The decision was made by the New Orleans-based 5th Circuit Court of Appeals. Two dissenting judges called it the "road to Hell."

The ruiling stems from a lawsuit filed in Denham Springs in 2000.

New Orleans Police Department spokesman Capt. Marlon Defillo said the new power will go into effect immediately and won't be abused.

"We have to have a legitimate problem to be there in the first place, and if we don't, we can't conduct the search," Defillo said.

But former U.S. Attorney Julian Murray has big problems with the ruling.

"I think it goes way too far," Murray said, noting that the searches can be performed if an officer fears for his safety -- a subjective condition.

Defillo said he doesn't envision any problems in New Orleans, but if there are, they will be handled.

"There are checks and balances to make sure the criminal justce system works in an effective manor," Defillo said.

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welcome

This response submitted by michael sestak on 03/28/2004 at 16:10. ( ) 205.188.116.141

to america, welcome to george bush, welcome to the patriot act, all in the name of terorism, but we sure as hell cant racially profile those damn middle easterners that started all this, that would be against the constitution and their civil rights.
THEIR RIGHTS...since when do they have rights in america, the only people protected by the constitution and the bill of rights are american citizens not..ILLEGAL FOREIGNERS...they can go back where they came from any way they want to
walking or in a box (terrorist) their choice...now give us back our freedom and get the hell out of our country...


Sounds kind of ambiguous and one sided to me.

This response submitted by Bill K. on 03/29/2004 at 12:29. ( klager@nvc.net ) 64.68.174.95

I have found that many law enforcement "officials" like to intentionally misinterpret rulings from the get go. This allows them to operate under their qualified immunity from prosecution because they were operating under their authority in "good faith". In other words.... If they say they "believe" they have the authority to enter your home of business without a warrant, then they are not liable for their actions. The phrase-- "ignorance of the law is no excuse" only applies to you and I, not officers working under their perceived authority.

Another reason for grandstanding this type of interpretation is that it makes most people believe that the government does, indeed, have the authority for unrestricted searches and then they gain entry through your consent because you are afraid to ask the simple question-- "do I have to let you in". It's a word game many of them play. If you feel that they are playing the word game, just ask them-- "are you asking for my consent or are you just informing me that you are about to conduct an authorized search". There's nothing wrong with allowing an officer to conduct a search if it doesn't bother you, but.... you have a the right to know if you had to allow it. A tape recorder will keep them honest.

Got a link to the case Mr. Kim. From the little I know about the it... it sounds to me like exigent circumstances were involved and that is considered to be an "adequate substitute" for a warrant.

Bill K.


I hear ya Bill. Is your state next?

This response submitted by Mr. KIM on 03/29/2004 at 15:03. ( ) 205.188.116.84

Bill,


All because "something" is the law, does NOT make it right or justifiable. Wrong is wrong...even if it is "legal."


I understand what you have said. However, it is now THE LAW in that state that says, anytime, anywhere and "just because." No special reason to walk in on YOUR property and do as they wish. If there is a problem, bang-bang, we are dead. End of story and situation. After all, the people with the badge are only doing their job, right?

I'll bet some other states will follow suit. When is OUR State or your state next?

Mr. KIM


It's not just a State.

This response submitted by Bill K. on 03/30/2004 at 10:41. ( ) 64.68.173.187

It's a District. I believe that includes Louisiana, Mississippi and Texas.

The ruling doe's not grant authority to search your home or business without a warrant. It only allowed an officer to conduct a "protective sweep" in an extremely unique situation. Although it is a landmark decision, the media is blowing it way out of proportion. In this particular case the officers were actually invited into the house. They could have just shut the door and the officers would have had to get a warrant.

Anyway, this situation involved a convicted criminal that threatened to kill two judges and the circumstances were very complex. Here's a link to the case if your interested:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=5th&navby=year&year=recent

The case is: USA v GOULD


I doubt that was real

This response submitted by Bill Yox on 03/30/2004 at 18:36. ( ) 209.130.221.59

Heres why...read the last sentence. "...in an effective manor," DeFillo said. Wouldnt that be manner, not manor? Just like the silly CWD article about prions, I dont buy most of what I see. I know, I sound like a cynic. Oh well!


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