Monday, 29 March 2004
The Beginning of the End
This is really happening:
Court Opens Door To Searches Without WarrantsNEW 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.
Posted by flow Frazao on March 29, 2004 at 12:06 AM | Permalink
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