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Court Opens Door To Searches Without Warrants
The New Orleans Channel ^ | March 29, 2004

Posted on 10/06/2004 5:49:39 AM PDT by Sertorius

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 keep officers safe, but others argue it's a privilege that could be abused.

(Excerpt) Read more at theneworleanschannel.com ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Louisiana
KEYWORDS: 4thamendment; amendment; gaymarriageban; louisiana; privacy

1 posted on 10/06/2004 5:49:40 AM PDT by Sertorius
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To: Sertorius

don't think that will pass muster in under the US Constitution.


2 posted on 10/06/2004 5:50:27 AM PDT by Brilliant
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To: Sertorius

What a totally misleading and dishonest headline. The facts are that in this case the police officers were given permission to enter and search the home. Why people think you still need a search warrant when consent to search has been given, is beyond me. From the article:

"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."


3 posted on 10/06/2004 5:55:13 AM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: Brilliant

I wouldn't have thought abrogation of free speech (i.e., "campaign finance reform) would have passed muster, either. Or property searches justified not by a judge, but by the law enforcement dept. who wants to search ("admininistrative warrants"). Or "delayed warrants," where the searchee is not notified until much later (if at all) that a search or seizure took place. Or confiscation of property before the accused is convicted of anything. Or confiscation of firearms from law abiding citizens. Or....?


4 posted on 10/06/2004 5:58:51 AM PDT by ellery (Concentrated power has always been the enemy of liberty. - Ronald Reagan)
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To: ClintonBeGone

Be gentle, it's his first day. :)


5 posted on 10/06/2004 5:59:09 AM PDT by L98Fiero
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To: Brilliant

I wouldn't have thought abrogation of free speech (i.e., "campaign finance reform) would have passed muster, either. Or property searches justified not by a judge, but by the law enforcement dept. who wants to search ("admininistrative warrants"). Or "delayed warrants," where the searchee is not notified until much later (if at all) that a search or seizure took place. Or confiscation of property before the accused is convicted of anything. Or confiscation of firearms from law abiding citizens. Or....?


6 posted on 10/06/2004 5:59:35 AM PDT by ellery (Concentrated power has always been the enemy of liberty. - Ronald Reagan)
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To: ellery

Yep, it is pretty sad, huh? The Constitution does not expressly require a warrant, only that searches not be "unreasonable." Nevertheless, I doubt that the Supreme Court will change its mind about this.

The surprise to me is that the La. courts apparently did not think it was unconstitutional.


7 posted on 10/06/2004 6:03:08 AM PDT by Brilliant
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To: Sertorius

Please use the original title when posting articles to assist in preventing duplicate postings. Thanks.


8 posted on 10/06/2004 6:07:31 AM PDT by Sidebar Moderator
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To: L98Fiero
Be gentle, it's his first day. :)

. . . under that screenname.

9 posted on 10/06/2004 6:11:21 AM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: ClintonBeGone

When I first saw the headline, I took the article to some officers that work in my building, and they were shocked by the ruling.

After the court overturned the gay marriage ban, that reminded me of this article. That is why I brought it up again. I am not an expert on law. That is why I signed up on FREEP


10 posted on 10/06/2004 7:24:19 AM PDT by Sertorius
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To: ClintonBeGone

My first day under any screen name. Have enjoyed reading articles supplied by free republic and I wanted to join in.


11 posted on 10/06/2004 7:26:28 AM PDT by Sertorius
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To: Sertorius

Welcome!


12 posted on 10/06/2004 8:40:46 AM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: Brilliant
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.

Doesn't this mean a warrant is required?

13 posted on 10/06/2004 9:59:54 AM PDT by ellery (Concentrated power has always been the enemy of liberty. - Ronald Reagan)
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To: ellery

You're right, it does mention a warrant, and the Court has required a warrant in most cases, but the language doesn't actually say that a warrant is required--only that one won't issue except on probable cause.

There are exceptions to the warrant requirement, though, even in the S.Ct.'s opinions.


14 posted on 10/06/2004 12:29:05 PM PDT by Brilliant
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To: ellery

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.

Doesn't this mean a warrant is required?

Nope. You see that adjective there - "unreasonable"?

15 posted on 10/06/2004 12:31:09 PM PDT by Chemist_Geek ("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
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To: Chemist_Geek

Going back to original intent (instead of socialist "Living Constitution" BS) is the way to interpret the Fourth Amendment.

This New Orleans decision will be struck down, and if it isn't, then the Fourth Amendment has no practical value in deterring warrantless searches and/or those without probable cause (NOT "reasonable suspicion", that's a loophole you could drive a truck through.)

In other words, if this decision stands, it will be Tyrannical, in my opinion, and in the opinion of millions of other Americans who know exactly what the Fourth Amendment means.

And these same Americans also know what the SECOND Amendment means, and what the "living constitution" socialists try to make it mean.

So, to summarize, the Fourth Amendment will ultimately be backed up by the Second, if the We The People, find it necessary.


16 posted on 10/06/2004 12:45:14 PM PDT by sargon (How could anyone vote for the socialist, weak-on-defense fraud named John Kerry?)
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To: sargon
So, to summarize, if you don't like the Supreme Court's ruling you get to shoot them?
17 posted on 10/06/2004 1:08:13 PM PDT by Chemist_Geek ("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
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