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human & civil rights | police / legal

Court Opens Door To Searches Without Warrants

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.

Source: http://www.theneworleanschannel.com/news/2953483/detail.html
If you have nothing to hide, you have nothing to fear 27.Mar.2004 18:45

Tom

If the judiciary and the police are honest, of course.

And no one is trying to frame you.

Etc.

Undoubtedly, though, especially in N.O., they will leave you alone for a price.

"We don't need no stinking warrants" 28.Mar.2004 09:34

The road to Hell...

"New Orleans.

For six months in 1994, as many as 29 New Orleans police officers
protected a cocaine supply warehouse containing 286 pounds of cocaine. The
FBI indicted ten officers who had been paid nearly $100,000 by undercover
agents. The investigation ended abruptly after one officer successfully
orchestrated the execution of a witness."

 http://www.ainfos.ca/99/sep/ainfos00162.html

sure. of course i have nothing to fear as a citizen... 28.Mar.2004 10:00

this thing here

... except warrantless, arbitrary searches conducted with no probable cause.

"no, you're right, i'm not parked right beside you because you need my services. buuuut, since i DO happen to be parked right beside you, and for no other reason, would you please turn off the ignition and step out of your car. no, don't try and tell me about your rights. WE'RE the ones who have all the rights now."

isn't this the way it's done in china and north korea and kazahkstan and...? so this is the revolutionary new tactic that america's authoritarian right wing wants to foist on us all and have us all be happy about it for them? to model ourselves after fucking dictatorships because dictatorships are the "safest" and most secure societies?

sure. i have nothing to fear... 28.Mar.2004 15:16

this thing here

... except warrentless, arbitrary searches conducted with no probable cause and no judicial oversight.

and isn't that the way they do it china and north korea and...