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View Full Version : Cops in Louisiana no longer need warrants!
:eek: I got a shiver down my spine when I read this and it should scare the crap out of you too! In Louisana, police can now search your home and arrest you without a warrant, but they claim that they will not abuse that power!!! Where is that puking smilie when you need it?!?!
Court Opens Door To Searches Without Warrants
http://www.theneworleanschannel.com/news/2953483/detail.html
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.
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.
I thought that the Patriot Act already permitted law enforcement to enter private premises without a search warrant, or at least made it much easier for them to do so.
You know, it'll just get to a point when people will have had too much. And then it'll be too late :(
certified psycho 03-29-04, 08:33 AM That is a lie. The cops will think they have some type of power and they can and probably arrest anybody at anytime. I can't belive that this shit was passed there. :mad:
Uh, cp, this was not a law passed, the 5th Circuit Court of Appeals, a Federal court decided this. The only recourse is the US Supreme Court. It does not matter if you are a Republican or Democrat, Conservative or Liberal, this should scare the crap out of everyone of us. This is supposed to be America, where this exact kind of thing is not suppose to happen. Another reason for the 2nd Amendment!
shrubby pegasus 03-29-04, 11:20 AM i can definitely see this getting appealed further to the supreme court. this is a slap in the face to individual rights and privacy. itll never fly, hopefully
Nebuchadnezzaar 03-29-04, 11:34 AM got nothing to hide, got nothing to worry about.
pragmathen 03-29-04, 01:15 PM got nothing to hide, got nothing to worry about.
So you wouldn't mind if I, being a cop, were able to come into your house and routinely search it ... right? Say, every Saturday at 3pm? Does that work out for you? No? Too bad.
immane1 03-29-04, 01:53 PM There is this thingy called the 4th amendment. This shit will never fly. If it does, we are probably on a collision course with another revolution. Sooner than expected.
Nebuchadnezzaar, I hope you are just kidding. If not, thank God(or whomever) that you don’t live here. We already have too many of your type. BTW, how’s the crime rate “down under” lately?
Nebuchadnezzaar 03-29-04, 09:38 PM So you wouldn't mind if I, being a cop, were able to come into your house and routinely search it ... right? Say, every Saturday at 3pm? Does that work out for you? No? Too bad.
No worries, knock yourself out. I might not be home every time though.
Nebuchadnezzaar 03-29-04, 09:39 PM Nebuchadnezzaar, I hope you are just kidding. If not, thank God(or whomever) that you don’t live here. We already have too many of your type. BTW, how’s the crime rate “down under” lately?
too many of my type? please explain.
crime rate's good down under, nothing to worry about, we still leave our door unlocked and mostly open when we're home.
immane1 03-29-04, 09:53 PM too many of my type? please explain.
Not even going to waste my time.
crime rate's good down under, nothing to worry about, we still leave our door unlocked and mostly open when we're home.
Specifically, the violent crime rate is higher in your country than just about all other countries in the world including the US. ;) :p
wesmorris 03-29-04, 10:01 PM I thought that the Patriot Act already permitted law enforcement to enter private premises without a search warrant, or at least made it much easier for them to do so.
I think with the patriot act they still have to make a case to a judge before starting that type of behavior.
I sure hope this is overruled quickly and those judges removed from their positions as incompetents. Federal judges ruling against the constitution cannot be tolerated.
Nebuchadnezzaar 03-29-04, 11:59 PM too many of my type? please explain.
Not even going to waste my time.
crime rate's good down under, nothing to worry about, we still leave our door unlocked and mostly open when we're home.
Specifically, the violent crime rate is higher in your country than just about all other countries in the world including the US. ;) :p
What a load of lies,where did you get that info from?
including the US??? of the 275 million provately owned guns in the world US citizens own 250 million of those, that's over ten times our population with guns and you reckon there is more violent crime?
why don't you crawl back under your rock, eat shit and die.
Stokes Pennwalt 03-30-04, 01:43 AM got nothing to hide, got nothing to worry about.
I fear the day when the franchised masses adopt this way of thinking.
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immane1 03-30-04, 07:23 AM why don't you crawl back under your rock, eat shit and die.
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=21902
Why don't you face the facts? Nice insult too. Did you consult the closest teenager for that one?
Mod Hat
There will be no shit-eating in this forum.
Nebuchadnezzaar 03-30-04, 07:47 AM The International Crime Victims Survey, conducted by Leiden University in Holland, found that England and Wales ranked second overall in violent crime among industrialized nations.
that was dated in March 2001 what a load of bull...
Nebuchadnezzaar 03-30-04, 07:49 AM SA still tops -- on Interpol's violent crime list
South Africa (52 485 murders and attempted murders; in pop: 43 million)
Australia (700, 19 million)
Romania (1 597, 22 million)
Germany (2 851, 82 million)
Tanzania (2 390, 31 million)
Venezuela (8 022, 24 million)
Ecuador (3 217, 12 million).
When these figures are converted to 100 000 people, the rate for South Africa is 121.9. None of the other countries mentioned even approaches this number.
The country with the second-highest rate is Venezuela with 33.2 per 100 000 people.
Martin Schonteich, senior researcher at the Institute for Security Studies, said all crime statistics were based on the number of reported crimes and the real number might be even higher.
"Since 1996, South Africa has been one of three countries with the highest rates for murder, sexual offences and serious assault from the 110 Interpol countries. This is very concerning, because such crimes create fear in communities and lead to people feeling unsafe."
This fear resulted in actions such as streets being blocked off with access control, vigilante attacks, psychiatric problems, higher medical costs, unproductive performance at work and dwind
immane1 03-30-04, 09:32 AM Neb,
that was dated in March 2001 what a load of bull...
Below is a post you just made in a thread that was supposed to be discussing what you ate that day.
VIOLENT AND IRRATIONAL--AND THAT'S JUST THE POLICY
(Article from the Economist, June 8, 1996)
You are not very good at this are you?
You still have not proven anything I stated wrong.
"Australia led the list with more than 30 percent of its population victimized."
That's my favorite quote from the link I posted. Read it and weep, roo boy.
Neb, since the severe firearms restrictions were put in place, crime has gone up, in fact Australia is now banning swords.
http://www.gunboards.com/forums/topic.asp?TOPIC_ID=32844&SearchTerms=Australia
There is a news article on this in the forum, in the first post.
Australian Gun Ban Proved Disastrous
http://www.newsmax.com/articles/?a=2000/6/26/12629
Be that as it may, at a cost of $500 million, out of an estimated 7 million firearms (of which 2.8 million were prohibited), only 640,000 guns were surrendered to police. What has been the result? Same as in England. Like in Great Britain, crime Down Under has escalated.
Twelve months after the law was implemented in 1997, there has been a 44 percent increase in armed robberies, an 8.6 percent increase in aggravated assaults, and a 3.2 percent increase in homicides. That same year in the state of Victoria, there was a 300 percent increase in homicides committed with firearms. The following year, robberies increased almost 60 percent in South Australia. By 1999, assaults had increased in New South Wales by almost 20 percent.
Two years after the ban, there have been further increases in crime: armed robberies by 73 percent; unarmed robberies by 28 percent; kidnappings by 38 percent; assaults by 17 percent; manslaughter by 29 percent, according to the Australian Bureau of Statistics.
And consider the fact that over the previous 25-year period, Australia had shown a steady decrease both in homicide with firearms and armed robbery – until the ban.
got nothing to hide, got nothing to worry about.
First off, it does not matter the, government has no right nor business in your home. Second, it is not uncommon for governmental bearucrats who get into your home to create problems where none ever existed. Third, some things the government says you cannot have or should, the government has no business telling you anyway.
As this relates to the ruling, the ruling immediately allows for law enforcement in Mississippi, Lousiana, and Texas to now arrest and search homes without a warrant, which specifically violates the 4th Amendment to the Bill of Rights:
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.
A warrant is required, now a check against abuse of power is gone. I can promise you, it will be abused.
Mystech 03-30-04, 02:01 PM got nothing to hide, got nothing to worry about.
Well you may think that you've got nothing to hide, or to be ashamed of, but then you're not the one to be making that decision when cops are allowed to barge into your home and give it a good search through, at their leisure.
I’m going to have to uncharacteristically take the side of my good friends “truth” and immane1 on this issue, it’s entirely unacceptable.
bitterchick 04-01-04, 05:38 AM There is already an exception to the warrant requirement (well, many exceptions, but I'm focusing on one for the moment) that enables officers to enter a home or business without a warrent in "exigent circumstances" -- when there is an actual physical threat to the officers or civilians, when there is a danger that evidence will be destroyed (like pot flushed down the toilet), etc. I don't get *at all* why this is necessary.
Add to the mix that New Orleans has one of the, if not *the*, most corrupt police department in the nation.
Despite my longstanding goal to be flagged as a seditionist by the Department of Fatherland, er, Homeland Security, I would have nothing to hide from a police stop and search. (That doesn't mean they can't plant something on me or physically harm me in some way during their visit, because without a paper trial how would I prove they were ever in my home?) It outrages me nonetheless, and I would resent any intrusion (including the ones I've already suffered) simply because THE POLICE SHOULD NOT BE ENTITLED TO SIMPLY ENTER MY HOUSE WHENEVER THEY CHOOSE WITHOUT A WARRANT. The Fourth Amendment is unique in being pretty easy to understand and unambiguous, and yet it keeps getting pushed aside.
If you aren't utterly disgusted by this, you aren't paying enough attention.
Nebuchadnezzaar 04-01-04, 08:15 AM First off, it does not matter the, government has no right nor business in your home. Second, it is not uncommon for governmental bearucrats who get into your home to create problems where none ever existed. Third, some things the government says you cannot have or should, the government has no business telling you anyway.
As this relates to the ruling, the ruling immediately allows for law enforcement in Mississippi, Lousiana, and Texas to now arrest and search homes without a warrant, which specifically violates the 4th Amendment to the Bill of Rights:
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.
A warrant is required, now a check against abuse of power is gone. I can promise you, it will be abused.
You and are bloody lucky to live in countries where we can say governments have no right to come into our homes. In some countries we couldn't even have this argument without being put in jail. It's not like anything terrible will happen to you if such a law is passed, if it were, it would already have happened.
Stop your whinging, i can't stand all these citizens rights people, your helping crime and crazies and pedophiles and rapists and internet criminals to hide.
How many pedophiles do you think there would be if the police could come into your house at any time? A shitload less it would have to be said.
Nebuchadnezzaar 04-01-04, 08:16 AM Well you may think that you've got nothing to hide, or to be ashamed of, but then you're not the one to be making that decision when cops are allowed to barge into your home and give it a good search through, at their leisure.
I’m going to have to uncharacteristically take the side of my good friends “truth” and immane1 on this issue, it’s entirely unacceptable.
Give me your reasons? why would it upset you?
Mystech 04-01-04, 03:10 PM Give me your reasons? why would it upset you?
Because there are laws in this nation that are utterly absurd. It's illegal to own dildos in some states and I'd hate to be fined on such a stupid thing.
The point is that the principal of this issue is that by doing this the government of Louisiana is saying that it's citizens are not entitled to a private life. The government is literally allowed to barge into their homes and tell them what they can and can't do. It sends the message that people haven't got a right to a private individual life, and that everything they do, no mater where they do it is subject to government scrutiny and must be ceased if it doesn't receive their approval. You're living your life by the approval of others who have no inherent claim on any interest in what you're doing, and that's just a bad place to be in. We don't need the police to have the power to breath down the neck of any citizens not already suspected of being involved in criminal activity.
Your whole argument here seems to be that you'd be ok with everything because you're a good little citizen marching exactly in beat with the government's drum. Well good for you, maybe next you'll start agreeing with compulsory public strip-searches and thanking God almighty that the police are their to reach their fingers up your but to make sure you aren't smuggling anything in there that they might disapprove of. The rest of us have more sense than that.
i dont see what anyone has got agaisnt this law, if a policeman comes to search your house too often
hide in a dark room, with one of those aluminum baseball bats you americans are so proud of, and hit the cop in the face, or kneecap, say you thought he was a crook
dont you have a rule in your country that says if someone is in your house uninvited, basically anything you do is legal?
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