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Old 03-27-2004, 10:13 PM   #1
Mr.Fiction
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5th circuit ignores U.S. Constitution - says search warrants no longer needed!

Court Opens Door To Searches Without Warrants

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.

The decision was made by the New Orleans-based 5th Circuit Court of Appeals. Two dissenting judges called it the "road to Hell."


http://www.theneworleanschannel.com/...83/detail.html

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Old 03-27-2004, 10:14 PM   #2
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wtf... im moving out of america... thats it
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Old 03-27-2004, 10:19 PM   #3
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That's insane. That's a huge decision.. Big Brother kind of shit.
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Old 03-27-2004, 10:20 PM   #4
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lame :/
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Old 03-27-2004, 10:20 PM   #5
tbabe
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Nice, cops going door to door doing "brief" searches through your closets and computer.
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Old 03-27-2004, 10:21 PM   #6
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M I N D C O N T R O L



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Old 03-27-2004, 10:21 PM   #7
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When evidence of a crime is found without a search warrant and thrown out of a court, allowing the guilty to escape. Then the law needs looking at.
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Old 03-27-2004, 10:22 PM   #8
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Holy shit, that is fucked up!!! What is up with the courts destroying our constitution?? I forsee in about 20 years, One World Government!!! Not a good thing. Any room in Australia???
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Old 03-27-2004, 10:23 PM   #9
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Quote:
Originally posted by charly
When evidence of a crime is found without a search warrant and thrown out of a court, allowing the guilty to escape. Then the law needs looking at.
Yeah and cops trying punk everyone is better, Right
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Old 03-27-2004, 10:24 PM   #10
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pretty vague story. . . . who wants to look up the facts of the case?
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Old 03-27-2004, 10:24 PM   #11
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Hell let's all blame Bush !!!
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Old 03-27-2004, 10:24 PM   #12
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Strange. It's completely contrary to the 4th Amendment, and I don't see how it would survive review. There's got to be a little more to the story than that short article. Surely the police still need some kind of probable cause.
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Old 03-27-2004, 10:25 PM   #13
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i fucking woke up once to cops in my house.... they were rude as fuck, i asked who they were (this was when the war started) and one of the 2 cops said "the iraqi army" i look at him and said "you know what, you are a true peice of shit and what the fuck are you doing in my house"

they said they can come in and look around as long as they dont touch anything..

ok well when my mother goes to work all the doors in the house are shut, nothing is open..... all the doors were open in my house, even my mothers closet...

also they said they were lookin for a run away kid who was a friend of my lil brothers.

and they said the reason of force to come in was because they knew someone was home because my friends car was here..... ummm people leave cars at their house all day.... they said that they knew it was driven eariler that day because the hood was hot.... that fucking car wasnt driven for the last 3days because modification work..

right when he said because the hood was warm.. i looked at him blanky and said "So your telling me that car was recently started because of the warm hood?" i took them outside with my friends keys to his fucking TOYOTA MR2 .... to laugh at them because when he tried showing me... he put his hand on the TRUNK!!! i fucking started lauhing like a mother fucker, MR2 = REAR ENGINE

i called the police and asked them what the fuck is up with 1 officer and 1 decective comming forcfully into my house is about... of course its not like the police were gunna do anything....



now they can legally just walts there stupid asses into peoples houses just because of a feelings (or dislike) FUCK THAT..... this is not American. Laws are suppose to protect us from that shit, not just let some fool who thinks he is better then me walk into my house because he has a peice of bent metal on his shirt.... fucking A....

AMERICA, Land Of The Free To The People In Uniform!
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Old 03-27-2004, 10:27 PM   #14
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Quote:
Originally posted by hottoddy
Strange. It's completely contrary to the 4th Amendment, and I don't see how it would survive review. There's got to be a little more to the story than that short article. Surely the police still need some kind of probable cause.
There isn't. Miranda is on the path to abolishment too.
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Old 03-27-2004, 10:28 PM   #15
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Originally posted by charly
When evidence of a crime is found without a search warrant and thrown out of a court, allowing the guilty to escape. Then the law needs looking at.
did you read the article? it does not have anything to do with that, it appears to be allowing the cops to search for weapons if they feel in danger.

It is the same as if a cop frisks you for weapons (for his safety) and discovers you have a hypodermic needle in your back pocket, you are going to jail.

If he pulls out a balloon of heroin that was in your wallet, you are not going to be convicted since it is obvious no dangerous weapon could be concealed in your wallet.
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Old 03-27-2004, 10:29 PM   #16
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Hell let's all blame Bush !!!
it will be overturned just as rulings and decisions constantly are.
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Old 03-27-2004, 10:30 PM   #17
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Yeah and cops trying punk everyone is better, Right
I never said turn it over completely, but it needs looking at.
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Old 03-27-2004, 10:30 PM   #18
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There isn't. Miranda is on the path to abolishment too.
Miranda is entirely over-rated
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Old 03-27-2004, 10:37 PM   #19
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did you read the article? it does not have anything to do with that, it appears to be allowing the cops to search for weapons if they feel in danger.

It is the same as if a cop frisks you for weapons (for his safety) and discovers you have a hypodermic needle in your back pocket, you are going to jail.

If he pulls out a balloon of heroin that was in your wallet, you are not going to be convicted since it is obvious no dangerous weapon could be concealed in your wallet.
I read the article and it does not say much. As said the police have to have "Probable Cause" and not just the fact that they are there. If you have heroinon you it's a crime, no matter how it was found. It's the harressing of innocent people that needs protecting.

But it's a difficult question.

If police stop a driver for drunken driving and find a dead murdered body, you're not going to be convicted because the body could not make you drunk?
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Old 03-27-2004, 10:39 PM   #20
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The cops have been able to perform cursory house searches without a warrant in many circumstances. These include hot pursuit, emergencies to law enforcement or public, plain view doctrine, and of course consent.

The meth-lab boom has recently eroded the need for warrants in many communities.
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Old 03-27-2004, 11:11 PM   #21
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this country is going down the shitter.. faster and faster each day.
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Old 03-27-2004, 11:13 PM   #22
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How you dumb fucks feel now?

This shit aint funny.

Yeah yeah Go Bush and the right wing sick mother fuckin factory...
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Old 03-27-2004, 11:16 PM   #23
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Originally posted by charly
When evidence of a crime is found without a search warrant and thrown out of a court, allowing the guilty to escape. Then the law needs looking at.
This may work in Bohemia, but that's not how things are meant to work in US
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Old 03-27-2004, 11:18 PM   #24
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How you dumb fucks feel now?

This shit aint funny.

Yeah yeah Go Bush and the right wing sick mother fuckin factory...

I KNEW IT - before long some fool would bring Bush into this thread.

You guys are a riot.


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Old 03-27-2004, 11:21 PM   #25
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blah blah... it will be appealed
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Old 03-27-2004, 11:22 PM   #26
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How you dumb fucks feel now?

This shit aint funny.

Yeah yeah Go Bush and the right wing sick mother fuckin factory...
I know you're just trying to be funny, but you should have at least attempted some connection between Bush and the New Orleans-based 5th Circuit Court of Appeals.
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Old 03-27-2004, 11:23 PM   #27
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I KNEW IT - before long some fool would bring Bush into this thread.

You guys are a riot.


Fool is applicable...but does not fully explain him...therapy might...but then again maybe not.
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Old 03-27-2004, 11:28 PM   #28
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Quote:
Originally posted by charly
I read the article and it does not say much. As said the police have to have "Probable Cause" and not just the fact that they are there. If you have heroinon you it's a crime, no matter how it was found. It's the harressing of innocent people that needs protecting.

But it's a difficult question.

If police stop a driver for drunken driving and find a dead murdered body, you're not going to be convicted because the body could not make you drunk?
The clueless should not attempt to analyze American law...but then again you do it anyhow.
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Old 03-27-2004, 11:36 PM   #29
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Originally posted by DavePlays



I KNEW IT - before long some fool would bring Bush into this thread.

You guys are a riot.

You just proved that you don't know what you are talking about when it comes to the U.S. judicial system. Congratulations.

The 5th circuit is one of the most activist right wing circuits in the United States. A majority of justices on the 5th were appointed by Republican presidents, several by Bush himself.
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Old 03-28-2004, 12:05 AM   #30
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There is going to be ALOT of cops shot up and bit. We had them banging on our back door a couple of years ago and asked to look for someone they were chasing that ran at our back door.

The hubby said NO one came thru here and they got insistant and asked how did he know. He snapped his fingers and our 150 lb dawg stepped around the corner and growled.

They figured then that no one got in. lol Never mind the 3 door bolts they heard unlocking when they banged to open up.

Its like scuse me, we don't bother a soul around here amd know no one, and IF someone got thru our alarms and the dog, they'd carry them out in a ziplock anyhow.
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Old 03-28-2004, 12:38 AM   #31
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Originally posted by Mr.Fiction


You just proved that you don't know what you are talking about when it comes to the U.S. judicial system. Congratulations.

The 5th circuit is one of the most activist right wing circuits in the United States. A majority of justices on the 5th were appointed by Republican presidents, several by Bush himself.
Ah, now you change the focus from Bush to Republican in general. Bush only appointed 2, or 10% on the 5th Circuit. Of course there's a few more Republican appointed judges, but that's the case throughout the federal court system. For the past 35 years, the Republicans have held the Presidency for 23 years. You have to look hard to find a judge appointed before Nixon these days. That 65% ratio is naturally going to show up in the federally appointed positions.
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Old 03-28-2004, 12:41 AM   #32
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I hope Canada isnt too cold.
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Old 03-28-2004, 02:08 AM   #33
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Old 03-28-2004, 02:09 AM   #34
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That will be appealed
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Old 03-28-2004, 02:11 AM   #35
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glad I left
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