Tilted Forum Project Discussion Community

Tilted Forum Project Discussion Community (https://thetfp.com/tfp/)
-   Tilted Politics (https://thetfp.com/tfp/tilted-politics/)
-   -   No search warrants? WTF?! (https://thetfp.com/tfp/tilted-politics/50344-no-search-warrants-wtf.html)

bparker805 03-26-2004 05:42 PM

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.

Evil Milkman 03-26-2004 06:34 PM

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.

pan6467 03-26-2004 07:18 PM

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?

Mojo_PeiPei 03-26-2004 07:20 PM

That didn't take long.

Boo 03-26-2004 07:35 PM

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.

djtestudo 03-26-2004 07:52 PM

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...

Stare At The Sun 03-27-2004 12:58 AM

^ 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.

smooth 03-27-2004 05:02 AM

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."

j8ear 03-29-2004 11:47 PM

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.

jbuffett 04-01-2004 11:33 PM

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."

irateplatypus 04-02-2004 12:22 AM

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.

Fred181 04-02-2004 05:09 PM

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 :confused: . 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


All times are GMT -8. The time now is 11:52 AM.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0 PL2
© 2002-2012 Tilted Forum Project


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360