A View From The Right: Kiss The Fourth Amendment Goodbye! [View All]

It’s finally happened. Thanks to recent judicial decisions by the traditionally conservative 5th Circuit Court and the US Supreme Court, Americans can pretty much kiss the 4th Amendment goodbye. On the heels of a US Supreme Court decision that now allows police to fully arrest and handcuff American citizens for misdemeanor violations of traffic law that are generally punishable with a ticket and a fine in traffic court, the usually conservative US 5th Circuit Court of Appeals in New Orleans ruled on Friday, March 26, 2004 that police officers can briefly search homes and commercial buildings and use any evidence found in those warrantless searches in the trials of those charged with violating the law--even if police had no suspicion those being detained had violated laws for which they were consequently charged based on the evidence discovered in the warrantless search.

The 5th Circuit's decision sets a groundbreaking legal precedent that frightens legal experts who claim the new ruling establishes a privilege that will quickly be abused by police in every jurisdiction in the nation even though the 5th Circuit's decision actually only affects Louisiana, Texas and Mississippi. Louisiana law enforcement officers claim it was needed to provide safety to officers...

Acting on a Baton Rouge case, the 5th Circuit ruled that police do not need an arrest or search warrant to conduct a swift sweep of private property to ensure their own safety. Further, the court ruled, any evidence discovered during the sweep is admissible in court as long as the search is a cursory inspection of the dwelling or other building rather than a "deep" search--and providing the police entered the building for legitimate law enforcement purposes...and they had reason to believe that entering that building or dwelling might be dangerous.

What law enforcement situation today is not dangerous? Even minor domestic squabbles can become instantly dangerous.

*snip*

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