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Post by RPankn on Mar 28, 2004 4:22:05 GMT -5
[Remember this is the court Bush made an "administrative appointment" of sometime white supremacist Charles Pickering to, although Pickering didn't participate in this en banc decision. The 5th Circuit also HATES bankruptcy debtors as in the past, it has made a series of rulings favorable to consumer finance companies.] www.theneworleanschannel.com/news/2953483/detail.htmlNEW 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. [More at link to avoid copyright problems]
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Post by RPankn on Mar 28, 2004 4:37:53 GMT -5
The case the Court decided is styled U.S. v. Gould. It was an appeal from the U.S. District Court for the Middle District of Louisiana's granting of Defendant's motion to supress evidence discovered by two New Orleans police officers who had conducted a warrantless search of Defendant's bedroom. The officers were acting upon an apparently anonymous telephone tip warning that Defendant had planned to assassinate two local judges. The 5th Circuit's 64-page decision is here: caselaw.lp.findlaw.com/data2/circs/5th/0230629cv0p.pdf
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Post by Moses on Mar 28, 2004 21:34:53 GMT -5
Louisiana is already a rogue state. They search cars on false pretexts, impound the cars w/ no evidence, and make money due to some reward system they have there.
When my daughter told me she wanted to go to Mardi Gras I told her not to go anywhere NEAR Louisiana-- it is just too dangerous a place for the innocent.
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Post by RPankn on Mar 29, 2004 5:50:41 GMT -5
What's troubling is this is now law for Texas and Mississippi, too; the other two jurisdictions covered by the 5th Circuit.
Little by little the Burger and Rehnquist Courts have been poking holes in the Warren Court's jurisprudence concerning the 4th, 5th and 6th Amendments.
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Post by Moses on Mar 29, 2004 14:14:36 GMT -5
I really do think that their plan is to eradicate our constitutional government.
clearly, Texas, Mississippi and Lousiana are now places that should be avoided, even to visit, much less to live there.
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Post by karpomrx on Mar 29, 2004 21:58:46 GMT -5
I remember seeing a study in the recent past about the low pay of New Orleans police. At the time,the city was going through another bout of ending police corruption. Back in the sixties, Ramsey Clark published "Crime in America", it was an eye opener for me. One of the things he hammered again and again, was that organised crime is not possible without collusion between courts, police and government. To spend so much time on the small fish- poor, minorities etc. while ignoring the monumental thefts that occur at a "higher" level of society, is now so commonplace that most people I talk with take it as a matter of course. Criminality enthroned. That is the society I am asked to support.
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Post by Moses on Mar 29, 2004 23:35:01 GMT -5
I got a real belly laugh when the Senator from Louisiana defended de-regulation of energy by saying that it was part of the puritan ethic "that we all embrace".
Puritan ethic? Louisiana?
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Post by Jay Berner on Apr 10, 2004 4:53:38 GMT -5
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