Cops In Louisiana Can Search Homes Without Warrants

[steel barron]

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.

Copyright 2004 by TheNewOrleansChannel.com.

 

[BEEFarmer]

checks and balances MY ASS!!!


And "they have to have a reason to search in the first place" Yeah, its called a SEARCH WARRANT DUMBASSESS!!!!


Whoever the dumpshits who passed this are, they need a few bulletholes in the side of their car and maybe some molotave cocktails thrown at them to let them know when their "safety" is really at risk!!

SUNSABITCHES


remember your rights: "they can and WILL use this against you"



This is totally rediculous. I honestly dont see how this passed in the first place.
I gurantee you if one of those Judges house's got SEARCHED they would change this back immediately!!

It's the equivalent of a public ENIMA in front of 50,000 of your closest friends.

 

[demeurj]

It's an interesting ruling b/c IMO any evidence would be void due to the lack of a warrant. If probable cause for searching is "I was afraid for my safety" then virtually any evidence would be excluded at trial.

 

[Mark Kerr]

As a law student, I am finding it hard to believe that a Court would rule in this manner. But dont worry, when it makes it up to the Federal Supreme Court, it will be unanimously overturned.

I have never seen such blatant disregard for both people rights and precedence. I have no explanation for how such a ruling could have been made. I am going to do more research on this to try to update everyone.

 

[CajunMuscle]

i live in new orleans and it's all over the news here. just another loophole for the "people" to Fu%^ us over.

 

[Deacon]

It will be overtruned -

 

[ramboj70]

It will be overtruned -

well you mine as well just draw a map to where your AAS is because it wont hold in court bro. i know if a fucking pig cop comes into my house without a warrent I will kick his mother fucking ass, i thought he was a fake cop I did not do anything wrong thought he need a warrent I bet I would get away with it.

 

[bigtraps]

And another one of our rights bites the dust. Anyone see where this country is headed?

 

[KTCKSports]

I'm sure it will be overturned. Louisiana has that Napoleonic code, but it's just like the homo marriages elsewhere. It may be law now but is only temporary. I can just see the US Supreme Court drooling to hear this case.

Have a nice day
K-

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.

Copyright 2004 by TheNewOrleansChannel.com.

 

[LuvMuhRoids]

I agree, it will be overturned.

It will be overtruned -

 

[krom]

yep no way this is gonna fly before the supreme court

 

[level1trauma]

elizabethian law at it's finest guys.....might have to move outta herrr.......

 

[tazz]

I hpe to god this will be overturned . . ..

 

[viking69]

I hpe to god this will be overturned . . ..

What a bunch of fucking crap!! People get their pensions stolen, companies source their high paying jobs overseas to low paying workers, and to top it off, someone cares if people excell in fitness,,,I'm glad that I pay 30% in taxes. I'm being taken care of right?

 

[demeurj]

well you mine as well just draw a map to where your AAS is because it wont hold in court bro. i know if a fucking pig cop comes into my house without a warrent I will kick his mother fucking ass, i thought he was a fake cop I did not do anything wrong thought he need a warrent I bet I would get away with it.

Actually you wouldn't get away with kicking his arse b/c if you were on the premises he would have to present himself, provide identification, and state the purpose for his visit. If you then decide to kick his arse . . . you will go to jail . . . if his partner doesn't put 12 bullets in you first.

 

[stinger78]

This law really isnt that much different than the way things are now in other states. If police have a reason to be in your residence (ie. a disturbance, assault) then anything they might see in plain view can be used against you. By saying a limited search, I would assume they mean very limited. You cant automatically just start going through someones residence because they called you for help. But, lets say your a crackhead and open the front door to your house with a $20 rock after smacking your wife around, then yes, they might search your place a little bit. Even then proving exclusive possession would be difficult.

 

[Slick Arrado]

if his partner doesn't put 12 bullets in you first

Haha!! True.

 

[mr_meanor]

in reality any cop can search your home for no reason, all they need is probable cause and they could say they thought the smelled marijuana or saw drug parafinalia when you opened the door, its your word against theres and guess who the judge is gonna believe

 

[txjustin]

The new law is in Texas too!!!!!!!!!!!!!!! But yes, when it hits Federal level it will be overturned!!!!!!!!!!!!!!!!!!!!!

 

[crunch76]

man fuck
texas to? i was gonna move there someday, heard so many good things about texas, especially in laws, i heard in court the branch divideans were found to be innocent of any crimes when the atf raided them and they shot some down. thought that was how they do it in texas, i dont like these bullies, now more laws to help them fuck with people, great...