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Politics : Stockman Scott's Political Debate Porch -- Ignore unavailable to you. Want to Upgrade?

To: lurqer who wrote (40743)	3/29/2004 11:58:24 AM
From: lurqer	Read Replies (1) \| Respond to of 89467

Court Opens Door To Searches Without Warrants 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. theneworleanschannel.com lurqer