Court Opens Door To Searches Without Warrants (Louisiana)

[RamboLiberal]

http://www.theneworleanschannel.com/news/2953483/detail.html

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.

[daleo]

1. Little steps

I bet it will be abused.

[Eye and Monkey]

14. the 5th Circuit is the court to which Pickering was appointed out-of-term

Remember him? Do you think we could guess how he voted? Now do we see why it was so important to get these "outstanding judges" appointed?

The New Orleans Police Dept is not the most reputable. There was a FBI accidental-sting case perhaps 2-3 years ago regarding an officer who contracted a hit on a citizen who filed an excessive force complaint.

Welcome to Jazz Fest, y'all.

[w4rma]

24. Pickering didn't participate in the decision.

Judge Pickering was not a member of the court when this case was submitted to the court en banc and did not participate in the decision.
http://caselaw.lp.findlaw.com/data2/circs/5th/0230629cv0p.pdf

[Eye and Monkey]

26. Thanks. He's not listed on the 5th's website either.

I imagine he'll fit right in with future decisions like this.

[w4rma]

36. 5th List of Judges. Smith, DeMoss and Stewart dissented. Jolly partially.

King, Carolyn Dineen: Nominated by Jimmy Carter on April 30, 1979
Garza, Reynaldo Guerra: Nominated by Jimmy Carter on April 30, 1979
Reavley, Thomas Morrow: Nominated by Jimmy Carter on May 17, 1979
Garwood, William Lockhart: Nominated by Ronald Reagan on September 17, 1981
Jolly, E. Grady: Nominated by Ronald Reagan on July 1, 1982
Higginbotham, Patrick Errol: Nominated by Ronald Reagan on July 1, 1982
Davis, W. Eugene: Nominated by Ronald Reagan on November 1, 1983
Jones, Edith Hollan: Nominated by Ronald Reagan on February 27, 1985
Smith, Jerry Edwin: Nominated by Ronald Reagan on June 2, 1987
Duhe, John Malcolm Jr.: Nominated by Ronald Reagan on June 27, 1988
Wiener, Jacques Loeb Jr.: Nominated by George H.W. Bush on November 17, 1989
Barksdale, Rhesa Hawkins: Nominated by George H.W. Bush on November 17, 1989
Garza, Emilio M.: Nominated by George H.W. Bush on April 11, 1991
DeMoss, Harold R. Jr.: Nominated by George H.W. Bush on June 27, 1991
Benavides, Fortunato Pedro: Nominated by William J. Clinton on January 27, 1994
Stewart, Carl E.: Nominated by William J. Clinton on January 27, 1994
Dennis, James L.: Nominated by William J. Clinton on January 31, 1995
Clement, Edith Brown: Nominated by George W. Bush on September 4, 2001
Prado, Edward Charles: Nominated by George W. Bush on February 6, 2003
Pickering, Charles: Appointed by George W. Bush on January 16, 2004
http://www.lb5.uscourts.gov/judgebio/judgebio.htm
http://www.thedmonline.com/vnews/display.v/ART/2004/01/21/400e4c09b3a7c

[Zhade]

40. Was this an En Banc decision, or a "full court press"?

NT!

[amazona]

43. two NOPD cops just pled guilty to robbing citizens by...

...taking them to ATMs and making them withdraw their money. Some of the victims were taken to the ATMs several times (because of the limits on how much you can withdraw in a day). I find it difficult to believe that only two cops were doing this because of the boldness of the way they operated.

My favorite NOPD remains Antoinette Frank, who inveigled her partner into holding up a restaurant where they often ate. It's been a few years but I think they killed 5 people. Later they found a couple more dead bodies from years back buried in her backyard.

The NOPD is a hotbed of corruption, and it seems nothing ever changes. Not that my parish is any better. We wouldn't have any crime to call our own if not for police chiefs selling commissions and police departments pulling people over for speeding 2 miles above the limit so they can steal their guns and drugs.

On Edit -- yes, this will be abused. They'll come into your house and take whatever they like. I think people in poor neighborhoods will have more to worry about than more middle class people and of course it won't affect the rich. They won't want to irritate folks who can actually hire lawyers to come back and sue. It's a good argument for a baby monitor/hidden camera in one's home -- get that light-fingered cop on videotape!

[AlFrankenFan]

2. Am I the only one...

who can hear the name "Ashcroft" being whispered in the wind? :shrug:

[PROGRESSIVE1]

4. Adolf AshKKKroft probably got sexually aroused when he....

heard the news.

:puke:

[AlFrankenFan]

7. Ewww oh god just like during the SOTU lol

:puke: :puke: :puke: :puke:

[Media_Lies_Daily]

35. TMI!!! Yuck!

TMI = Too Much Information.

[Eye and Monkey]

15. Pickering, that's the name on the wind. Remember him?

Appointment held-up in Senate, then out-of-term appointment to the 5th Circuit.

[Wwagsthedog]

3. "won't be abused"

And pigs can fly...........

[Lars39]

5. Not much background info on the lawsuit the ruling stems from, is there?

You'd think that such an important ruling would merit a little bit of explanation.

[daleo]

10. I thought that too

Maybe it will be overturned at a higher level. SCOTUS doesn't give one a lot of hope, though.

[Lars39]

11. I stumbled onto a forum of former marines looking for more info.

They were PO'd about this ruling!!! Saying it was grounds for impeachment, wanting to take to the streets...a little bit of hope.

[Zhade]

27. Was it this one?

http://www.gruntsmilitary.com/cgi-bin/ib3/ikonboard.cgi?act=ST&f=14&t=202

[Lars39]

41. ...

I believe it was that one.

[proud patriot]

6. That is A Complete and Utter Violation of Our Constitutional Rights

:grr:

[aquart]

8. "Won't be abused." Is that supposed to be a joke?

This needs to be challenged and struck down immediately. What the hell is the matter with that court?

[Eye and Monkey]

17. "Judge" Pickering, that's one thing wrong with the 5th Circuit.

Pickering, appointment held-up in Senate. Then out-of term appointment.

I am sure that he is not the only BushCo bag-man on the court.

[DoNotRefill]

45. Yup...we all know New Orleans PD has never had a corruption problem...

eom

[bluestateguy]

9. liberty vs. security

If we allow all debates to be framed this way, in the context of a nation fearful of terrorism, we will lose all of our freedoms. Perhaps some crimes and terrorism will be stopped, but that is not the kind of nation in which I wish to live, nor is it a nation worth defending.

[FeebMaster]

12. Sweet land of liberty.

We need a smiley with one tear running down it's face.

[truebrit71]

13. Wasn't the NOPD one of the most corrupt departments in the country??

..and just exactly when the hell was the fourth amendment revoked???

This is complete and total bullshit!!!

[Eye and Monkey]

18. It would be more correct to use the present tense, as in "isn't".

"Was, is, and will continue to be for some time" would be the correct response to your question.

[amazona]

44. absolutely, see my post above

The catch of the day is the two cops who were extorting money from citizens by "arresting" them and taking them to ATMs to make them withdraw money. One victim was hit three times. I think he's the one that reported it and got them arrested.

[Foswia]

16. Haa the NOPD was awful, they have major problems. [nt]

[LiberalFighter]

19. How many home owners will shoot first and ask questions later?

Pickering's home should be the first place searched!!!!!

[w4rma]

20. What in heck is going on in that state?

Grr... Pickering. :puke:

[Eye and Monkey]

22. What the hell is going on with our FEDERAL courts? (you know the answer)

The answer: federal courts are being "packed with Pickerings."

It's not so much the state - the 5th Circuit is a federal court. It covers Texas and Mississippi as well.

This is about "judicial activism", which is okay by the rePubs and BushCo as long as the result is a limitation on civil rights.

[truthisfreedom]

21. why would this ever be a partisan issue? where are the freeps on this?

[Zhade]

23. Getting fitted for their brownshirts, that's where.

I feel like I've been punched in the gut.

[BiggJawn]

25. What constitues a "Brief" search?

Is that one where they don't take axes and crowbars to the sheetrock looking for hidey-holes, but everything else is fair?

"Won't be abused"...Wanna ask me again why I don't like those BDU-wearing Jackboot Thugs we used to be taught to consider our "friends"?

[Rex]

28. How long is a 'brief search'?

And can they enter without probable cause? Not that it matters anymore, we are sliding towards a 'soft-porn' police state. :(

[blackwalnut]

29. Hmmm

"New Orleans Police Department spokesman Capt. Marlon Defillo said the new power will go into effect immediately and won't be abused."

That is just soooooooooo reassuring!

[Zhade]

30. Kick for the morning crowd...too important to let fall off page 1.

NT!

[Zhade]

31. Further info.

Relevant parts snipped.

http://www.ddtonline.com/articles/2004/03/28/news/editorials/edit1.txt

The 5th Circuit Court of Appeals ruling covers Louisiana, Texas and Mississippi, and has an immediate and direct effect — not only in the state — but in municipalities as well.

...

East Baton Rouge Parish sheriff's deputies went to Gould's trailer without a search or arrest warrant, but were invited into the trailer by another resident. Gould, authorities were told, was asleep in a bedroom at the time the deputies arrived.

Because of the Gould's threats and criminal history, the deputies said they looked for him under the bed and in two closets, where they found three rifles. They later found Gould hiding in the woods and seized the weapons after they got him to sign a permission for the search.

...

Any evidence discovered during that search is now admissible in court as long as the search is a "cursory inspection," and if police entered the site for a legitimate law enforcement purpose and believed it might be dangerous.

What's a "cursory inspection?" Who defines what is "dangerous?" Would they define a "legitimate law enforcement purpose" after they enter and then find evidence to support a crime? Are these terms left up to local law enforcement to define and interpret as they want? One would hope not.

[tlcandie]

32. I wonder how long before the rest of the south falls into this nightmare?

I'm sure Jebbie is drooling over the chance for this to happen here :/

[Zhade]

37. Considering the power of precedent, how long until this affects us all?

Hell, they're even screaming about this over at *shudder* Freeperville...although, of course, at least one poster blamed this on the Dems!

[NuttyFluffers]

33. sweet mother of god, so it begins (scratch) continues...

where the hell is the ACLU during a time like this!? dear god! /scream

tell everyone you know! everyone you know, especially when they throw the 9th circuit court in your face. say, at least it didn't attempt to revoke the fourth amendment!

/scream again, this time louder

[Media_Lies_Daily]

34. Combine this with Patriot Act I & II and kiss your civil rights goodbye.

[pinto]

38. one of the initial reasons the amendment was enacted was the history of

colonial authorities (British) entering homes on the basis that the occupants were deemed by the authorities to be "dangerous". Probable cause was defined in our constitutional response to search and seizure. The rest as they say is history. They can use "brief" "cursory" or whatever term they want but it sure seems unconstitutional to me. Hope some unlucky bloke takes it the the SCOTUS.

[Ediacara]

39. WTF IS THIS!? DOES LOUISIANA NOT HAVE THE SAME CONSTITUTION!?

Does this not exist in Louisiana:

Amendment IV - Search and seizure. Ratified 12/15/1791.

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.

[Ilsa]

42. I was looking for this on Thursday or Friday...

I heard about it on NPR nooncast, but couldn't find the details. Thanks for th e link.

[sniffa]

46. rogue judges

damn these activist judges! i wonder if Louisianans wiLL aLso have to quarter the poLice as weLL.

[0007]

47. Captain Defillo makes me feel warm and fuzzy - what a guy