Erosion of rights
The Fifth Circus Court has just struck down the Fourth Amendment.
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.
The good faith of men does not assure the erosion of our rights as written into law. Once the door has been opened in black and white, no promise by any human being, goodness incarnate that he may be, will prevent the elements who wish to use abuse this privelege from doing so.
The legal opinion, in PDF, is here. (Thanks to Howard Bashman.) I’m trying to wrestle with the opinion since I’m no lawyer, but with what I’m reading so far with the affirming opinions, I’m feeling abit queasy.
(Link courtesy of Paul, guest posting at Wizbang.)
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1
The “Road to Hell”
A lower federal court in New Orleans has, in effect, struck down the Fourth Amendment to the U.S. Constitution in a decision that will allow police to search homes and businesses without a warrant. Two dissenting judges called the ruling a “road to he…
Trackback by 8 Ways to Sunday — Mar 29, 2004 @ 3:34 am
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I think you meant to say “5th Circuit Court of Appeals,” though given the shenanigans they’re up to “5th Circus” does seem a bit more apt. Intentional or not, nice punning.
Comment by Adam — Mar 29, 2004 @ 3:42 am
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I found it to be just a slightly larger blip on the Constitutional Defense radar than usual.
Comment by Kevin Baker — Mar 29, 2004 @ 9:07 pm