Gravitymaster 0 #1 March 28, 2004 That sucking sound you hear is your rights flushing down the toilet. 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. Quote Share this post Link to post Share on other sites
lawrocket 3 #2 March 28, 2004 I'd like to say that the US Supremes would find this a patent violation of the 4th Amendment. I'd like to... My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Gravitymaster 0 #3 March 28, 2004 My guess is this will end up before the Supreme Court as soon as someone is charged with a crime due to evidence discovered as a result of a "warrantless search". Just out of curiosity, how does a law like this get passed without judicial review? I'm assuming there wasn't a review because I can't concieve it became a law with a review. Quote Share this post Link to post Share on other sites
lawrocket 3 #4 March 28, 2004 Actually, it is in the process of judicial review. The legislature passes a law. The executive signs it. It becomes law. It is not until someone challenges the law (usually someone on the losing end - always that way in federal court). The court then decides whether it is Constitutional. That is judicial review in a nutshell. The process is not over. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
Kennedy 0 #5 March 28, 2004 Just like I liked to say that the US Supremes would find McCain-Feingold BCRA a patent violation of the 1st Amendment. I liked to...witty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
gmanpilot 0 #6 March 28, 2004 QuoteCourt Opens Door To Searches Without Warrants The door to searches without warrants has been open for a long time. Off the top of my head I can think of about 12 exceptions to the prerequisite of obtaining a warrant before a search. I don't know what this case entails, but I can tell you that Federal Judges are very, very picky when it comes to 4th amendment issues. If the ruling in NOLA has no basis, it will get thrown out real quick._________________________________________ -There's always free cheese in a mouse trap. Quote Share this post Link to post Share on other sites
Kennedy 0 #7 March 29, 2004 We're not talking one of the hundreds of exceptions to the warrant requirement. (plainview, abandoned property, subject to arrest, etc etc). It sounds like the judges are talking about residence searches. Short of seeing fire or hearing screaming cops can't enter your home or business without a warrant. This ruling appears to toss the old rules out the window.witty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
gmanpilot 0 #8 March 29, 2004 QuoteShort of seeing fire or hearing screaming cops can't enter your home or business without a warrant. Sure they can: consent, exigent circumstances, incident to arrest, officer safety, preservation of evidence, etc. I agree though, if some judge from NOLA has dreamed up some new exception based on a weak underpinning, it won't survive appellate scrutiny. Consider the source though, remember David Duke?_________________________________________ -There's always free cheese in a mouse trap. Quote Share this post Link to post Share on other sites
kallend 2,147 #9 March 29, 2004 QuoteWe're not talking one of the hundreds of exceptions to the warrant requirement. (plainview, abandoned property, subject to arrest, etc etc). It sounds like the judges are talking about residence searches. Short of seeing fire or hearing screaming cops can't enter your home or business without a warrant. This ruling appears to toss the old rules out the window. If BATFE suspects you have big model rocket motors improperly stored they have the "right" to enter your home without a warrant. I suspect lots of other agencies have managed it, too.... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
Gravitymaster 0 #10 March 29, 2004 If BATFE suspects you have big model rocket motors improperly stored they have the "right" to enter your home without a warrant. I suspect lots of other agencies have managed it, too. You have some experience with this? Quote Share this post Link to post Share on other sites
