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SneepSnopDotCom
COCKRING WRAITH


Joined: 01 Jul 2002
Posts: 3087
Location: Wisconsin
It's actually happening? This might be the end  Reply with quote  

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.

The ruling stems from a lawsuit filed in Denham Springs in 2000, in which defendant Gould filed a motion to suppress information gleaned from a search of his home. The motion was granted by district court, and the government appealed this decision. The March 24 ruling by the 5th Circuit is an affirmation of that appeal.


Searches Without Warrants

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In the case, the Livingston Parish Sheriff's Office was contacted on Oct. 17, 2000, by a Gould employee who told officers that Gould intended to kill two judges and unidentified police officers and to destroy telephone company transformers. The LPSO informed the East Baton Rouge Parish Sheriff's Office of the threats.

A search of Gould's criminal history revealed several arrests and that he was "a convicted felon for violent charges," according to the Facts and Proceedings section of the 5th Circuit ruling.

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.

Gould's bedroom door was ajar, and officers testified they peered inside and saw no one. Thinking Gould could be hiding, the officers looked in three closets. In one of the closets, the officers found three firearms, according to the Facts and Proceedings section of the 5th Circuit ruling.

Gould was found hiding outside the home a few minutes later. He was taken into custody and questioned about the guns. The officers asked for and received Gould's consent to search the home, with Gould signing a waiver of search warrant. Gould subsequently was arrested for allegedly being a felon in possession of firearms.

One judge, Judge Grady Jolly, said he concurred in part and dissented in part with the majority opinion. Judge Jerry Smith, however, completely disagreed with the majority ruling, saying: "I have no doubt that the deputy sheriffs believed that they were acting reasonably and with good intentions. But the old adage warns us that 'the road to hell is paved with good intentions.'"

New Orleans Police Department spokesman Capt. Marlon Defillo said the new search power, which is effective immediately, will be used judiciously.

"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 said the ruling is problematic.

"I think it goes way too far," Murray said, noting that the searches can be performed if an officer fears for his safety.

Defillo said he doesn't envision any problems in New Orleans.

"There are checks and balances to make sure the criminal justice system works in an effective manner," Defillo said.



Fun times.
Post Mon Mar 29, 2004 6:57 pm
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Abinatra



Joined: 04 Jul 2002
Posts: 1621
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errrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr.............
Post Mon Mar 29, 2004 7:06 pm
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PHiZ
banned by kHill


Joined: 06 Sep 2003
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Location: CT
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I love how first of all, this is not a new law that was passed, but a decision in a lawsuit. And how immediatly the police chief says they will begin "using the new powers." Ha, and some liberal is probably ranting about the "slippery slope" somewhere </sarcasm>

And I also love how the police, willfully and knowingly violated protocol, and let's look at things in another light for the time being. Not that they were violating someone's rights and the law; but had they made an arrest, it wouldn't stick, cause they wern't following fucking protocol. You know what I'm saying.

Wish I could say this surprised me. Good find.

-PHiZ
Post Mon Mar 29, 2004 7:50 pm
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Jesse



Joined: 02 Jul 2002
Posts: 6166
Location: privileged homeless
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Dude, do you know anything about how law works?

Precedent is everything.
Post Tue Mar 30, 2004 5:46 pm
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the mean
Certified O.G.


Joined: 31 Jul 2003
Posts: 6497
Location: philly/sacto/kauai/ohio
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[what i posted here was not on point - my brain is not working today]
Post Tue Mar 30, 2004 6:21 pm
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Bandini
WIZARD APPRENTICE


Joined: 01 Jul 2002
Posts: 4669
Location: jerk city
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"a Gould employee who told officers that Gould intended to kill two judges and unidentified police officers"

think this effected their decision? This is a very bad sign of the times...
Post Tue Mar 30, 2004 9:40 pm
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SneepSnopDotCom
COCKRING WRAITH


Joined: 01 Jul 2002
Posts: 3087
Location: Wisconsin
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What's fucked up about this is they said the search was legal because the officer's felt they needed to look into the closets for their own safety. They knocked on the door and said "hello, may we come in?"

"sure, come in"


"welp, we are in danger, lets look around"


FUCK THAT.
Post Tue Mar 30, 2004 11:07 pm
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rlorg



Joined: 02 May 2003
Posts: 474
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I always thought on search and seizure laws, we should go the french way.

Over there, if a cop finds a bloody knife in your car after beating you senseless and illegally searching your shit, you go to jail for stabbing someone AND the cop goes to jail for beating your ass and illegal search and seizure. The evidence doesn't get thrown out. Seems to make more sense that way, than the way we do it. More of an incentive for cops not to do that bullshit, and more of an incentive for criminals not to commit crimes.
Post Wed Mar 31, 2004 2:44 am
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stillred



Joined: 13 Jan 2003
Posts: 526
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Jesse

True to an extent bud. But precedent only lasts until the CA overturns it. And if the precedent is contrary to the Constitution, you'll have to amend that motherfucker for that precedent to stand. In Cal and most every other state (presumably) set contrary precedent by upholding the right to due process. Until the SC rules, it don't mean much.
Post Wed Mar 31, 2004 2:53 am
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futuristxen



Joined: 01 Jul 2002
Posts: 19362
Location: Tighten Your Bible Belt
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hmmmm....

Zoinks.
Post Wed Mar 31, 2004 4:49 am
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Reggie



Joined: 01 Jul 2002
Posts: 5765
Location: Queens, NYC
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New Orleans has always been controlled by secret societies. It's really the only city in the country which flaunts such an open disregard for normal legal procedure. A weird bunch.
Post Wed Mar 31, 2004 11:02 am
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Abinatra



Joined: 04 Jul 2002
Posts: 1621
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^^I don't know about all that secret society mumbo jumbo, but to call us weird.............coming from anywhere in NY........ehhhhh
Post Wed Mar 31, 2004 9:30 pm
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PHiZ
banned by kHill


Joined: 06 Sep 2003
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Location: CT
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[quote="Jesse"]Dude, do you know anything about how law works?
quote]

No, I live in America.
-PHiZ
Post Wed Mar 31, 2004 11:57 pm
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CPFitz14



Joined: 13 Jan 2004
Posts: 309
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Yeah, its a good thing that whole "Constitution" thing doesn't apply...
Post Thu Apr 01, 2004 12:19 am
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avatar



Joined: 16 Sep 2002
Posts: 3418
Location: Republic of Cascadia
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Reggie wrote:
New Orleans has always been controlled by secret societies. It's really the only city in the country which flaunts such an open disregard for normal legal procedure. A weird bunch.


i've heard horror stories about trumped up charges for arresting people during mardi gras and jazzfest. for example: impersonating a sidewalk, leaning with intent to fall and molesting a cheeseburger can land you in the slammer there.
Post Thu Apr 01, 2004 12:37 am
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