Court Opens Door To Searches Without Warrants

[R. A. Hettinga]

<http://www.theneworleanschannel.com/print/2953483/detail.html?use=print>

TheNewOrleansChannel.com

Court Opens Door To Searches Without Warrants

 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.

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.


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R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
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