Louisiana cops needing killing

Major Variola (ret.) mv at cdc.gov
Mon Mar 29 08:50:26 PST 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 a defendant filed a motion to supress information gleaned from a
search of his home. The motion was granted by a district court, and the
government appealed this decision. The March 24 ruling by the 5th
Circuit is an affirmation of that appeal.

New Orleans Police Department spokesman Capt. Marlon Defillo said the
new power will go into effect immediately.

"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 justce system
works in an effective manner," Defillo said.

http://www.theneworleanschannel.com/news/2953483/detail.html





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