police won't need search warrents any more

[Jorgy]

http://www.theneworleanschannel.com/...83/detail.html
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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U.S. Constitution: Fourth Amendment
Fourth Amendment - Search and Seizure

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Why don't we just cut to the chase and burn the constitution? Seems like that is what some of our courts want to do anyway

[Dave590]

I would be interested in seeing the specific language of this decision.

[akbound]

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

Yeah.........and Hitler only wanted the Sudatenland, too!!!

[Knightia]

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

I believe them[&:] - why would they do anything aginst those they are serving& *protecting.

It is all for our own good & safety , dont worry.

.................................................. .....

98 yr old Rose trent was arrested today for possession of bomb making materials( rose fertlizer^& a clock)& making anti goverment statements on her computer(tax, abortion protests) she will be held& questioned in a undisclosed location intill her other domestic terriosts partners in crime are found& brought to justice.

Rose does wonder who will portect us from the protectors too.

[logs]

A search for what? That children is the question. Weapons within reach or lunge, concealed persons who put the Officer at risk, or maybe victims.All pretty much the long standing practice for any Officer who is capable to articulate his/here reason for a search.
The elephant in the match box logic would not stand up to review.
This post does not have enough information to make an intelligent comment or offer an well thought out opinion.

[stuckinthereeds]

"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,"

So then what will constitute a legitimate problem?

[bigbulls]

If the law is like this post reads then I hope, for the sake of the rest of this country, that it is taken immediately to the supreme court and ruled unconstitutional. [:@][:@][:@] Even if it is only remotely like the post reads then it is still unconstitutional. If an officer or other people of authorith can enter a persons house with out any kind of legislative process it has to be ruled unconstitutional.

I see a real danger of cops and civilians both getting shot when they decide to just walk right on in to someones house.

It won't get abused??????? Yeah right! I'm sure that all of the officers are totally above that. Give me a big friggin break.

I really do not understand where some officials dream up stuff like this when it is blatently clear to the rest of the world that it unlawful??????????????

[Dave590]

With the exception of Logs, not one person has questioned the content of this ruling.

No where in Jorgy's cut-and-paste is there one single word pertaining to what is, and is not actually being ruled upon...Yet there is plenty of condemnation.

I find it pretty amazing that many would outright condemn a notion, ruling, or a law, without knowing a single fact about it...All that has been presented thus far is an "opinion" with no facts.

[bigbulls]

According to the news channels web sites article this is the ruleing. While it does not give any of the specifics it clearly states that police officers will not need a search warrant to enter your house or business.

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.

If this statement is in fact a fact then that is all I need to know. It is absolutely unconstitutional and should be taken to the supreme court and reversed.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In other words a police officer can't simply walk into your house to conduct a search with out either your permission or proper procedings from the court.

[CalHunter]

This is a prime exaqmple of stupidity in reporting. I went to the 5th circuit court's opinion search page (see below link) and was unable to find the case in question when looking up cases from 3-24-04 to 3-26-04. It would help greatly if the MORON reporter had bothered to list the case citation (name) and would have been a semi-intelligent article if the moron reporter had bothered to list some of the case language instead of the "sound bites" from pointless interviews. And these reporters are the people who so often claim they are protecting our freedoms. BS!!!! they are dumbing everybody down with their idiocy and laziness.[:@][:@][:@]



5TH Circuit Court