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March 29, 2004

Kiss Your Rights Good Bye

At least that little one about unlawful search and seizure:

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."

I've not read the decision, but I am wondering if their "road to Hell" comment was preceded by something about "good intentions." Remember, anytime the government looks to increase its power and decrease yours, it's "for your own good."

New Orleans Police Department spokesman Capt. Marlon Defillo said the new power will go into effect immediately and won't be abused.

I have my doubts, but whether or not something will be abused is hardly the issue. Stomping on "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" is the issue.

But that's ok, I trust the powers that be to know what is best for me.

* Obligatory Echelon-friendly closing to throw them off the trail of the blog resistance.

Update: Mike points out another Fourth Amendment issue over at Talk Left.

Update Two: A comment by Eric sparked me to re-read the article in question, only to find that it has now been updated with much, much - and much - more detail about the case, which casts it in a new light. I still have concerns about the extra powers provided down the road, but in this case, it looks like the guy asked for it. Thanks, Eric.