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Court Opens Door To Searches Without Warrants

Discussion in 'Legal' started by mrapathy2000, Mar 27, 2004.

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  1. mrapathy2000

    mrapathy2000 member

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    very disturbing article. does anybody know if this is true?
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    http://www.theneworleanschannel.com/news/2953483/detail.html

    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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  2. mrapathy2000

    mrapathy2000 member

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  3. Detachment Charlie

    Detachment Charlie Member

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    Be afraid. Be very afraid.
     
  4. Steve in PA

    Steve in PA Member

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    Yawn........this has been allowed for years. Nothings new, nothings changed.
     
  5. Zundfolge

    Zundfolge Member

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    Sorry but some JBT poking through people's stuff without a warrant is NOT going to be safer :fire:
     
  6. Ironbarr

    Ironbarr Member In Memoriam

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    Applies to Texas, Mississippi, and Louisiana.
    10 of 14 assenting.

    Boortz, on with Bob Barr, relates that the best thing is to NOT invite police into your home/office for "consultation" so you can answer their questions, etc., which may not have any bearing on you, but maybe whatever may have happened "down the street".

    If this goes to SCOTUS and is "approved", then it would be a national decree.

    There goes the Fourth Amendment.

    -Andy
     
  7. Steve in PA

    Steve in PA Member

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    Look up Maryland v. Buie, Supreme Court of the United States 494 U.S. 325, 110 S.Ct. 1093 (1990)

    The "protective sweeps" have already gone to the Supreme Court, which is why I said nothing is new.....nothing is changed.

    If the LEO is in your house because your having problems with your neighbor, the LEO is not going to search your house :rolleyes:
     
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