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March 29, 2004
Constitution, what constitution
5th Circuit gives police new power in searches. "NEW ORLEANS -- A federal appeals court has opened the door for police in Texas and two other states to search residences and buildings for evidence without a warrant -- a ruling strongly criticized by two dissenting justices.
The 5th U.S. Circuit Court of Appeals ruled police do not need an arrest or search warrant to conduct a swift sweep of private property to ensure their safety."
Posted by parody at March 29, 2004 07:11 PM
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Comments
Man there are some bad criminal defense lawyers out there, and some redneck judges who smile when cops lie.
The cops had him sign a release to search after the search, if the search was constitutional why would they have him sign a release. And aren't releases after the fact invalid. Wasn't it clear from the police"s actions that they know the search was suspect if not illegal.
But before we get bent out of shape it does look like this ruling is very broad as they were already properly in the house (they had been let in by a resident)and there might have been a well armed crazy guy in there. I would love to read the opinion though.
Posted by: Oakey at March 29, 2004 08:50 PM