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Old 03-26-2004, 05:42 PM   #1 (permalink)
is KING!
 
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Location: On the path to Valhalla.
No search warrants? WTF?!

This just in:

Quote:
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.
"link to article"

Now if that isn't some scary shit! But I'm pretty sure that this won't be abused in any way. Especially in a city with a low crime rate like New Orleans. One by one our rights are slowly being stripped away.
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Old 03-26-2004, 06:34 PM   #2 (permalink)
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Quote:

New Orleans Police Department spokesman Capt. Marlon Defillo said the new power will go into effect immediately and won't be abused.
As he says with an evil grin coupled with a sinister laugh...

This is absolutely shocking to me. Since when can the people of Louisiana totally trust that they won't abuse this new decision? I hope it gets shot down.
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Old 03-26-2004, 07:18 PM   #3 (permalink)
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Amazing........ so much for the Bill Of Rights. Let's play spin the wheel of rights and see what is next.

I'm sure if Bush favors this the GOP will spin it and the right will come up with excuses for why it is a good thing. After all if you have nothing to hide why are you afraid?
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Old 03-26-2004, 07:20 PM   #4 (permalink)
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That didn't take long.
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Old 03-26-2004, 07:35 PM   #5 (permalink)
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Absolute and total abuse of it will follow. Even the illusion of abuse will shut it down.

I hope the ACLU taking heed.

Laws like this make me feel cheap.
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Old 03-26-2004, 07:52 PM   #6 (permalink)
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Quote:
Amendment IV

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.
That's all I have to say...
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Old 03-27-2004, 12:58 AM   #7 (permalink)
Eh?
 
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Location: Somewhere over the rainbow
^ Indeed. It won't last long. I don't hope.

And if it does, i hate to be so cliche about it but; big brother, here we come.
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Old 03-27-2004, 05:02 AM   #8 (permalink)
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There isn't very much evidence to evaluate how this is different from earlier procedures in New Orleans. Incidentally, it doesn't appear that you all have had much experience with law enforcement--they haven't needed search warrants to conduct searches when they think evidence of a crime is in danger of being destroyed before they can secure a warrant, and have never had to obtain a warrant if they believe an officer's safety is in jeopardy.

Keep in mind that the 4th only protects against unreasonable searches and arbitrary or sweeping warrants--not that I'm supportive of that reading. It's a myth that courts dismiss evidence left and right and let obvious criminals back on the street all the time. The courts have always given the police wide latitude in spot searches.

The only thing new here seems to be the inclusion of "offices."
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Old 03-29-2004, 11:47 PM   #9 (permalink)
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Smooth on this occasion has it right. In fact even when they don't have that 'perceived' bullshit or obvious officer danger they lie about it. Hell even when they have a warrant it is often based on lies and/or confidential anonymous informants which don't exist.

The only time evidence gets dismissed is on Law and Order so "Jack" has an obstacle to overcome, or when the law enforcement officer gets too creative with the lies.

Lets never forget that 'compelling government interest' overrides the constitution. Let a judge declare the end result 'compelling' and all bets regarding the constitution are off.

-bear

Edit: Toned it down a bit.
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Last edited by j8ear; 03-30-2004 at 11:50 AM..
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Old 04-01-2004, 11:33 PM   #10 (permalink)
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Can't help but picture Ashcroft mastrubating in a corner to a drapery clad statue saying,"I did it, Just one more of those pesky "rights" out of my way."
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Old 04-02-2004, 12:22 AM   #11 (permalink)
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i'm confused (though unsurprised) why the bush/ashcroft bashing has come into this thread.

is this particular case not a decision by the the authorities in the state of louisiana and confirmed by a circuit court? if the bush administration were to step in, they would be strong-arming a state's law enforcement institutions and/or manipulating an appointed judiciary. only the good lord knows what kind of fire (and rightfully so, i might add) they would get from the same people who are bashing them now if they did the exact opposite.
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Old 04-02-2004, 05:09 PM   #12 (permalink)
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I won't quote this as it is the entire court ruling and therefore quite long however I will summerize... Police were called because this dude was overheard saying he was going to kill a couple of judges some off duty cops and take out some power transformers . So the police go to this dudes trailer and his roommate answers the door and gives them permission to enter the house saying the guy is asleep down the hall. When they get to his room they don't see him so they check a couple of closets to see if he is hiding, where they notice a couple of guns... Story goes on...

http://caselaw.lp.findlaw.com/data2/...230629cr0p.pdf

I am a huge fan of the fourth amendment and the protections that it provides us, however I don't think this ruling is nearly as grave as the "news story" cited makes it out to be. There are a number of situations that enable a police officer to perform a search without a warrent. No offense to the person that said it, but I don't think this is much of a move towards big brother
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