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valour
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Court Opens Door To Searches Without Warrants
#2477787 - 03/27/04 11:01 AM (20 years, 1 month ago) |
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"Fourth Amendment," what?
http://www.theneworleanschannel.com/news/2953483/detail.html TheNewOrleansChannel.com POSTED: 3:55 pm CST March 26, 2004 UPDATED: 4:36 pm CST March 26, 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 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.
-------------------- "Remember, son, I didn't sell out- I bought in."
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ZippoZ
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2477857 - 03/27/04 11:50 AM (20 years, 1 month ago) |
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does this ruling have any effect outside of lousiana? because if so im a gonna go to canada eh?
-------------------- PEACE
zippoz "in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption" "People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."
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valour
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Re: Court Opens Door To Searches Without Warrants [Re: ZippoZ]
#2477873 - 03/27/04 11:56 AM (20 years, 1 month ago) |
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No. The problem comes in several ways: 1) I like visiting Louisiana on occasion. 2) It's other people whose rights are getting fucked. 3) It may indicate a ripple effect towards states screwing with the 4th Amendment.
Hopefully, it'll be more of a matter of going up the chain to the Supreme Court, who despite having many conservative judges, will recognize this as unconstitutional and throw it out, thereby (theoretically) solidifying the rights even more.
-------------------- "Remember, son, I didn't sell out- I bought in."
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Mephestopheles
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2477994 - 03/27/04 12:54 PM (20 years, 1 month ago) |
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God bless America.
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Le_Canard
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2478402 - 03/27/04 03:48 PM (20 years, 1 month ago) |
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Yeah...I heard... "Amendment IV 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." Going by the above, how in the fucking hell can ANYONE say such a "law" isn't unconstitutional???? I swear, this whole country's gone insane, and its the Neocons fault!
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ShroomyMcPot


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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2478580 - 03/27/04 05:13 PM (20 years, 1 month ago) |
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here in oklahoma they did away witht the inspection sticker so the police could pull you over any time to give you a "road side safety inspection".
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Seuss
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2479535 - 03/29/04 10:52 AM (20 years, 1 month ago) |
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From the link provided above:
Quote:
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.
... and ...
Quote:
The officers asked for and received Gould's consent to search the home, with Gould signing a waiver of search warrant.
So somebody let the LEOs into the house and he signed a waiver giving up his 4th amendment rights? It isn't like the guy told the cops that they couldn't enter his home and they did anyway.
-------------------- Just another spore in the wind.
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ChiefThunderbong
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Re: Court Opens Door To Searches Without Warrants [Re: Seuss]
#2479812 - 03/29/04 12:51 PM (20 years, 1 month ago) |
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I don't really understand how this sets a precedent. I mean they asked if they could come in, were told yes. Asked if they could look in the bedroom for the suspect, were told yes. Found weapons, found the suspect, asked him for consent to search and were told yes. How the fuck does that give them the right to search without probable cause or consent? At no point does it say the person who answered the door said to fuck off and come back with a warrent, they were let into the house.
-------------------- Yeah spinnin' around again yea caught in a tailspin
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valour
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Re: Court Opens Door To Searches Without Warrants [Re: ChiefThunderbong]
#2480071 - 03/29/04 01:53 PM (20 years, 1 month ago) |
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Makes it stranger, then, that the court is saying this means they don't need a warrant - consent is an obvious allowance for search.
-------------------- "Remember, son, I didn't sell out- I bought in."
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ChiefThunderbong
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2480671 - 03/29/04 04:25 PM (20 years, 1 month ago) |
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I know thats exactly what I'm saying....it dosn't make any sense, anyone care to explain?
-------------------- Yeah spinnin' around again yea caught in a tailspin
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valour
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Re: Court Opens Door To Searches Without Warrants [Re: ChiefThunderbong]
#2480700 - 03/29/04 04:38 PM (20 years, 1 month ago) |
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I think it turns out that the search was brought up as non-consensual, unwarranted, and the court made the ruling on that, but then it turned out that permission was given, but damn, there's still the court ruling.
-------------------- "Remember, son, I didn't sell out- I bought in."
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ChiefThunderbong
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2480743 - 03/29/04 04:56 PM (20 years, 1 month ago) |
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To me it sounds like they DID have consent....just not from the owner of the house, so the owner/suspect tried to fight it and lost, would you agree?
-------------------- Yeah spinnin' around again yea caught in a tailspin
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valour
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Re: Court Opens Door To Searches Without Warrants [Re: ChiefThunderbong]
#2480862 - 03/29/04 05:26 PM (20 years, 1 month ago) |
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Oh yeah. What I'm saying is that they tried to pull the "no consent" defense, and the court shot it down, THEN the fact that consent WAS given came out. Why do we keep repeating ourselves at each other? ;-)
-------------------- "Remember, son, I didn't sell out- I bought in."
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ChiefThunderbong
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2480933 - 03/29/04 05:43 PM (20 years, 1 month ago) |
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I still don't understand how that gives cops a precedent to search without consent though, they totally had consent he even signed a fucking paper.
-------------------- Yeah spinnin' around again yea caught in a tailspin
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Le_Canard
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Re: Court Opens Door To Searches Without Warrants [Re: ChiefThunderbong]
#2481106 - 03/29/04 06:23 PM (20 years, 1 month ago) |
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Well, as I understand it, it gives the cops the right to conduct a search without a warrent or consent if said cop feels there might be danger there. The problem I see here is: who defines what is dangerous or harmful to the cop - besides the cop? Would a set of kitchen knives qualify? This sounds awfully arbitrary and I can see this one being much abused, especially in New Orleans!
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ChiefThunderbong
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Re: Court Opens Door To Searches Without Warrants [Re: Le_Canard]
#2481180 - 03/29/04 06:39 PM (20 years, 1 month ago) |
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How the fuck does a person other than the owner giving consent to search give cops a right to search anytime when they feel in danger? I hope to god the supreme court throws this shit out as unconstitutional.
-------------------- Yeah spinnin' around again yea caught in a tailspin
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Le_Canard
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Re: Court Opens Door To Searches Without Warrants [Re: ChiefThunderbong]
#2481241 - 03/29/04 06:55 PM (20 years, 1 month ago) |
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Quote:
ChiefThunderbong said: .... I hope to god the supreme court throws this shit out as unconstitutional.
So do I!
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ChiefThunderbong
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Re: Court Opens Door To Searches Without Warrants [Re: Le_Canard]
#2481456 - 03/29/04 07:49 PM (20 years, 1 month ago) |
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Quote:
as I understand it, it gives the cops the right to conduct a search without a warrent or consent if said cop feels there might be danger there.
Thats certainly what the article said, but I just don't see how the case supports that.....THEY HAD CONSENT THE WHOLE TIME! It just dosn't make any sense to me, I can't figure it out.
-------------------- Yeah spinnin' around again yea caught in a tailspin
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daba
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Re: Court Opens Door To Searches Without Warrants [Re: valour]
#2481483 - 03/29/04 07:55 PM (20 years, 1 month ago) |
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I can't wait until a conflict arises... then we'll see how screwed up the American Government system really is!
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Zero7a1
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Re: Court Opens Door To Searches Without Warrants [Re: Le_Canard]
#2482192 - 03/29/04 10:37 PM (20 years, 1 month ago) |
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here is the problem Quote:
against unreasonable searches and seizures
what is "unreasonable"? Thats where they can exploit it, if they are so inclined. Which is really frightening in a sense... i can just hope that it wont be abused. But you never know...
-------------------- What?
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