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Court Opens Door To Searches Without Warrants (FOR LOCAL CRIMINALS)

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BradCKY Donating Member (325 posts) Send PM | Profile | Ignore Sun May-09-04 09:53 AM
Original message
Court Opens Door To Searches Without Warrants (FOR LOCAL CRIMINALS)
Edited on Sun May-09-04 09:56 AM by BradCKY
Don't know if this was already posted I was just recently pointed to it, so in case you haven't seen it here it is in case you haven't seen it.

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

Court Opens Door To Searches Without Warrants

UPDATED: 4:27 PM CST March 29, 2004

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.

The decision in United States v. Kelly Gould, No. 0230629cr0, was made March 24 by the New Orleans-based 5th Circuit Court of Appeals.
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iamjoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 10:03 AM
Response to Original message
1. WOW
Edited on Sun May-09-04 10:03 AM by iamjoy
Bet this will go to the Supreme Court.

Just one more reason to make sure Bush doesn't get re-elected. You know he'd appoint the likes of Scalia and Thomas, who would be okay with this.

What constitutional right is next? speedy trial (oh, wait)
cruel and unusual punishment (uh...), the right to not be compelled to give testimony agains ones self (oops), right to trial by jury and counsel for defense (hey...)

OMG!!!!!!!!!!!!!!!!!!
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Ms. Clio Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 10:03 AM
Response to Original message
2. This is simply not Constitutional
4th Amendment: 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

There is nothing in this language about how much time is involved or if it might be "safer" for the authorities to search without a warrant--my god we are so fucked.
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thecrow Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 11:59 AM
Response to Reply #2
11. Ammendments can be repealed
unfortunately.
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Media_Lies_Daily Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 10:04 AM
Response to Original message
3. Welcome to the Fourth Reich.
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not systems Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 10:07 AM
Response to Original message
4. "brief search" give me a break.
This is Un-American.

People who defend and encourage these unconstitutional
policy are traitors to the constitution.

The "privilege" will be abused and used to terrorize.

These are the children of the lynch mobs who will now
break in to homes at will, under power of law.

Where is my country.
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zydeco Donating Member (152 posts) Send PM | Profile | Ignore Sun May-09-04 10:07 AM
Response to Original message
5. Imagine,
what four more years, would bring if asscrack is not stopped.

Kerry on.
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amber dog democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 10:13 AM
Response to Original message
6. This needs to go to the Supreme Court.
This goes way too far.
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BradCKY Donating Member (325 posts) Send PM | Profile | Ignore Sun May-09-04 10:24 AM
Response to Original message
7. I misinterpreted part of it.
Edited on Sun May-09-04 10:53 AM by BradCKY
I apologize for that but it wasn't in the article so I had to find the case.

http://caselaw.lp.findlaw.com/data2/circs/5th/0230629cr0p.pdf

It was a ruling that some parts were illegal and others weren't.

They did rule one part illegal: the actual searching of the closets illegal because it was only meant to be a quick glance. However they were given permission to enter the house by someone who lived there and that part was upheld.

I still think it is illegal because they were not given permission by HIM to search HIS bedroom, so they needed a warrant.

It still opens a lot avenues to places we don't want to go.
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 10:47 AM
Response to Reply #7
8. It's still a foot in the door...
and faulty warrants were allowed a couple of years ago by the Supremes.

As long as there was proper intent, a faulty warrant, or perhaps no warrant at all, was allowed. Don't remember the case or the details, but it seemed scary at the time.


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BradCKY Donating Member (325 posts) Send PM | Profile | Ignore Sun May-09-04 11:46 AM
Response to Original message
9. Bump.
Bump.
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SarahB Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 11:57 AM
Response to Original message
10. Another nail in the coffin of our half-dead Constitution.
Just lovely. :eyes:
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Skip Intro Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-09-04 12:07 PM
Response to Original message
12. Unbelievable
I hope the first victim of this crap sues and it goes to the Supreme Court.

effin rediculous

They hate us for our freedoms.

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