Searches Without Warrants approved
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  1. #1
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    Searches Without Warrants approved

    Court Opens Door To Searches Without Warrants

    http://www.theneworleanschannel.com/...83/detail.html

    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.
    Bukhari:V3B48N826 “The Prophet said, ‘Isn’t the witness of a woman equal to half of that of a man?’ The women said, ‘Yes.’ He said, ‘This is because of the deficiency of a woman’s mind.’”

  2. #2
    Macht Nicht Aus moxnix's Avatar
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    "There are checks and balances to make sure the criminal justce system works in an effective manor," Defillo said
    Where??? Another right given to us in the 'Bill of Rights' just went down the tubes. What is going to balence that? As it stands now in Louisiana, a cop can come to your home, because of a dog barking complaint (you don't even own a dog), and then conduct a search of your home and possesions if he 'FEELS' that some how he is in danger.
    Would he just search for weapons.......No of course not. As long as he is searching, he will look for anything that might be used against you.
    He feels threatened, but why is he wanting your password into your computer....is there a weapon hidden on the hard drive?
    \"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, Champagne in one hand - strawberries in the other, body thoroughly used up, totally worn out and screaming WOO HOO - What a Ride!\"
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  3. #3
    AO Ancient: Team Leader
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    Ahem.... It will be knocked down before it even gets to the Supreme Court.... 'nuff said?
    Don\'t SYN us.... We\'ll SYN you.....
    \"A nation that draws too broad a difference between its scholars and its warriors will have its thinking done by cowards, and its fighting done by fools.\" - Thucydides

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    hope your right TS. just seems to me they keep trying things like this over and over maybe one day they'll slip it by.

    humm we cant get everyone to go for mass fingerprinting so lets hit where it hurt.s we'll say its to protect their kids. yeah! yeah! thats it! protect the kids! maybe we'll soon here of a terorrist attempt in new orleans that wouldn't have gotten as far as it did if the police had these rights.

    if people did roll over in their graves when things happened mr orwell would be known in heaven as pinwheel george
    Bukhari:V3B48N826 “The Prophet said, ‘Isn’t the witness of a woman equal to half of that of a man?’ The women said, ‘Yes.’ He said, ‘This is because of the deficiency of a woman’s mind.’”

  5. #5
    Senior Member OverdueSpy's Avatar
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    I must agree. Search and Seziure without probable cause and a search warrant is wrong. I am all for catching criminals and I for one have nothing to hide where illegal acts are concerned. I am sure the court system will strike down this action, since this practice essentially creates a police state, which flies directly in the face of freedom.
    The mentally handicaped are persecuted in this great country, and I say rightfully so! These people are NUTS!!!!

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    How dose this shock any one? We have a federal goverment that has violated this gaurented right for at least two Us citizans...now they are just takeing their standared operating procedure and codeifying it. can't blam the luesiana police the yare jsut takeing adantage of our current judicial and executive enviroment.....if we have another four years of this crap we wont have many rights left.
    Who is more trustworthy then all of the gurus or Buddha’s?

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    Senior Member OverdueSpy's Avatar
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    It's not a "Federal government" decision here. Try not to skew the issue please. The ruling was handed down by the New Orleans-based 5th Circuit Court of Appeals( State Court). I have every confidence that our legal system will strike down this ruling in a higher court, and will be rejected for re-consideration by a higher court thereafter.
    The mentally handicaped are persecuted in this great country, and I say rightfully so! These people are NUTS!!!!

  8. #8
    Senior Member RoadClosed's Avatar
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    The interesting thing is this is one of the most laid back societies on the surface of this continent. I haven't read the article so I won't jump to conclusions I just find it interesting that of all the places it was New Orleans. An officer can hold or detain a person and get a search warrent so what's the issue? I wonder what surrounds this guy, like is he a huge mob boss or what?
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    Unsurprising but disturbing development. Hopefully the state court will throw it out.
    Trappedagainbyperfectlogic.

  10. #10
    Senior Member OverdueSpy's Avatar
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    Geez! I read the court documents and this situation is extremly murky. Ok here is the skinny:

    1. Co-worker notifies police that defendant has weapons and has communicated his intent to commit murder and destroy Telecom relay stations.
    2. Police look up defendant's criminal record and discover Federal convictions for violent crimes. Defendent is on probation.
    3. Police go to defendant's residence to speak with defendant. (No search warrant)
    4. Co-habitant gives police permission to search premesis when queried.
    5. Police fearing potential violence preform a sweep of the residence, to include closets where an individual may hide.
    6. Police notice several weapons in one of the closets. (Weapons are not seized at this time.)
    7. Police arrest defendant, who left the residence through a back door, on charges of illegal posession of a weapon by a parolee.
    8. Police obtain permission to search the residence again from the defendant.
    9. Police search the bedroom and sieze the weapons.

    The crux here lays around whether or not it was legal to conduct a search, when the police did not have the intent of arresting the defendant, only questioning him. If the Police feared potential violence, the defense argues that a search warrant should have been aquired prior to entering the residence. Defense also argues that the subsequent arrest was invalid, since search was illegal.

    On the flip side. The police had permission to search the residence and were concerned about the previous convicions indicating a potential to commit violence. Now, Police are supposed to act on situations where lawbreaking is witnessed by the officer. In this instance, the possession of firearms by an individual on parole.

    I'll have to digest all of this before I form an opinion.
    The mentally handicaped are persecuted in this great country, and I say rightfully so! These people are NUTS!!!!

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