the 5th circuit court has just driven another stake into the 4th amendment...by majority decision, they ruled that the police can enter a residence, and perform a cursory search without a warrant...they said that if an officer conducting police business, may enter, and perform a search, if they feel concerned for their safety, and anything found during said search is admissable as evidence...dissenting justices lamented this as a harbinger of the death of the 4th amendment prtoctions against unreasonable search and seizure.
this is as bad as it can get folks...the 4th amendment has been getting methodically destroyed by the courts for years, but this goes much farther than past rulings...effectively, the cops can now enter your home, search it, and if they find anything, arrest you, even if they are just canvasing a neighborhood, responding to your complaint of noise, or hundreds of other reasons not involving valid reasons to enter your home against you will, such as serving an arrest warrant, in hot pursuit, or your home being on fire...nothing good can possibly come of this, as the police have demonstrated their willingness to abuse probable cause in the past, and now they don't even need that excuse...our only hope is that the supreme court will hear the appeal, and overturn the decision...if you are at all concerned ny this, i stronly urge you to vote against Bush, and urge as many people as you know to do the same, because the next president is most likely going to appoint one or more justices...there are two or three that were expected to step down, but probably did nopt out of concern over who might replace them...after all Bush' selections for higher courts have been very suspect, not to mention his attorney general...just imagine getting another couple of Scalias, Thomas', or a Bork...scary thought.
Posted by Angstman at March 30, 2004 01:21 PM | TrackBack