From an article:
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 keep officers safe, but others argue it's a privilege that could be abused.
The decision in United States v. Kelly Gould, No. 0230629cr0, was made March 24 by the New Orleans-based 5th Circuit Court of Appeals. (
link)
Ah, Bill of Rights, we loved you well. What are they doing to you? Why are they trying to kill you off?
Question for those who think it's OK: you may trust our current officials to use this power wisely but do you trust your political opponents to use it wisely? If the law allows for abuse, somebody will eventually abuse it.
Complete text of the article,
Court Opens Door To Searches Without Warrants, by The New Orleans Channel
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 keep officers safe, but others argue it's a privilege that could be abused.
The decision in United States v. Kelly Gould, No. 0230629cr0, was made March 24 by the New Orleans-based 5th Circuit Court of Appeals.
The ruling stems from a lawsuit filed in Denham Springs in 2000, in which defendant Gould filed a motion to suppress information gleaned from a search of his home. The motion was granted by district court, and the government appealed this decision. The March 24 ruling by the 5th Circuit is an affirmation of that appeal.
In the case, the Livingston Parish Sheriff's Office was contacted on Oct. 17, 2000, by a Gould employee who told officers that Gould intended to kill two judges and unidentified police officers and to destroy telephone company transformers. The LPSO informed the East Baton Rouge Parish Sheriff's Office of the threats.
A search of Gould's criminal history revealed several arrests and that he was "a convicted felon for violent charges," according to the Facts and Proceedings section of the 5th Circuit ruling.
When officers went to question Gould, they were told he was asleep. The officers asked if they could look inside for Gould, and were allowed to enter.
The officers testified that that they believed a search of the home was necessary to ensure their safety, given the allegations by Gould's employee and Gould's criminal history, according to the Facts and Proceedings section of the 5th Circuit ruling.
Gould's bedroom door was ajar, and officers testified they peered inside and saw no one. Thinking Gould could be hiding, the officers looked in three closets. In one of the closets, the officers found three firearms, according to the Facts and Proceedings section of the 5th Circuit ruling.
Gould was found hiding outside the home a few minutes later. He was taken into custody and questioned about the guns. The officers asked for and received Gould's consent to search the home, with Gould signing a waiver of search warrant. Gould subsequently was arrested for allegedly being a felon in possession of firearms.
One judge, Judge Grady Jolly, said he concurred in part and dissented in part with the majority opinion. Judge Jerry Smith, however, completely disagreed with the majority ruling, saying: "I have no doubt that the deputy sheriffs believed that they were acting reasonably and with good intentions. But the old adage warns us that 'the road to hell is paved with good intentions.'"
New Orleans Police Department spokesman Capt. Marlon Defillo said the new search power, which is effective immediately, will be used judiciously.
"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 said the ruling is problematic.
"I think it goes way too far," Murray said, noting that the searches can be performed if an officer fears for his safety.
Defillo said he doesn't envision any problems in New Orleans.
"There are checks and balances to make sure the criminal justice system works in an effective manner," Defillo said.
reference=http://www.theneworleanschannel.com/news/2953483/detail.html
The Clipboard: Court Opens Door To Searches Without Warrants
Subject: Re: Court Opens door to searches without warrants.
The police have in many instances have already been doing this for years to the poor and people who cannot afford good legal representation. When I was very young and a "flower child" of the 1960's and the young people were experimenting with marijuana, I had just moved from home and had a small humble apartment by myself. Some friends came over. I told everyone, "No drugs in my apartment, okay?" I went out to get a pizza to share with my friends and when I came back home, the local police had kicked in my door and ransacked everything and were standing there holding machine guns on a bunch of 18 year old frightened youth. I asked, "This is my apartment, where is your search warrant?" I was then handed the search warrant, and no Miranda rights were read to anyone. They found a knife in my purse a Judge's son had given me as a graduation present and for protection and the only marijuana they found was on the informant they sent into my apartment to set me up. It seems he had gotten arrested for drugs and they told him if he would turn someone else in, he would get off on his charges. So, he just chose me. And what was the result of the illegal entry and the "planted ounce of marijuana" to me? It cost my parents over $5000.00 in court fees and I got a felony charge for having a knife in my purse which I had forgotten was even in there. I lost all my civil rights, had a criminal record, and even now 33 years later, it haunts me. Breaking into people's homes without a search warrant happens already but just to the poor. Now lets see what happens when it starts happening to the rich.