Commentary:

Yet another attack on our fundamental rights

A recent decision by the 5th circuit court of appeals appears to completely circumvent the Constitutional requirement for a warrant before a search can be conducted. From the ABC affiliate in New Orleans:

The 5th circuit's decision allows for police officers in three states (Louisiana, Texas and Mississippi) to search homes and buildings without a warrant.

The two dissenting judges called it "the road to hell."

"This decision does not give officers "carte blanche" to literally search a home from top to bottom. It does allow us to do a "cursory inspection," a "swift sweep" for their own safety," said Captain Marlon Defillo of New Orleans Police Department.

"This essentially gives the police further opportunity to go into a house without a warrant find evidence and they bring a charge," said Defense Attorney, Margaret Alverson.

In the majority opinion, Judge William Lockhart Garwood wrote that any in-home encounter poses a risk to police officers, even if it is simply to interview someone.

The ACLU blasted the decision. "This decision is the latest roll-back of safeguards that protect the people from being a the mercy of a police state," said, ACLU Executive Director, Joe Cook.

A similar standard has been already adopted in four other federal circuit courts of appeals. (note: emphasis added)

"A similar standard has already been adopted in four other federal circuit courts of appeals." Why have we not heard of this before?

This puts me in mind of a bumper sticker I saw yesterday. The message:

Oh well, I wasn't using my Civil Liberties anyway

At times I have felt that I've been a voice in the wilderness, pointing out in this blog the erosion of the rights that are enshrined in the Constitution but exist independent of it. I believe we have forgotten that the role of the Constitution is to protect these rights, it does not create the rights. I am glad to see that there are others who feel that this judicial decision goes too far in expanding the definition of probable cause for a warrantless search. This is one case where the "slippery slope" argument is NOT fallacious, for the erosion of rights starts unnoticed until by the time it becomes obvious it is far too late to correct without a bloody revolution. Our own history of the formation of our nation should remind us of that; how sad that we seem to have forgotten. Posted by Jack at 15:24 on Sunday 28 March 2004 | Trackbacks (0)