what's your thoughts about this!!??

Discussion in 'General Discussion' started by Brob73, Mar 31, 2004.

  1. Remington597

    Remington597 Former Guest

    Feb 24, 2004
    I thought this was always the case in Lousiana since they replaced the 4th ammendment with The Napoleonic Civil Code of Justice.;)

  2. SouthernMoss

    SouthernMoss *Admin Tech Staff*

    Jan 1, 2003
    SW MS
    I don't like it. Too much chance for abuse.
  3. Brob73

    Brob73 New Member

    Feb 26, 2004
    what's next!!?? Are they gonna start arresting ppl for no apparent reason!!?? Nevermind...they already do that!
  4. Marlin

    Marlin *TFF Admin Staff Chief Counselor*

    There was a time when I would have said the Supremes would correct that. Not so sure with the present court.

    Definitely NOT pursuant to the Constitution in any way.
  5. rosierita

    rosierita Active Member

    Mar 13, 2004
    South Carolina
    :eek: i dont like it either!
  6. rnshooter

    rnshooter New Member

    May 25, 2003
    New Orleans
    yeah, i saw that on the news the other night...that's just another reason why i'm ashamed to call this city home.
  7. corpis66

    corpis66 New Member

    Dec 12, 2002
    central MS
    i don't like it much either BUT, ::thinking here we go...::
    i think it will be a very useful tool in the search and seizure of illegal guns and narcotics. if the LEO do not have to wait for a search warrent they can just 'go in' search for whatever and leave if nothing is found...but those of us who have nothing to hide will feel very much so violated, but think of the good...? i know i would rather have the cops be able to bust into joe smoes house without a warrent today, than to have given him time to move his drugs or whatnot. at least now, the bad guys can't as easily slip away.
    i am half and half with it...yanoe there are just some crooked cops out there...but there are good ones that are out to get the crooked people...i hope, very very much so it will not be abuse as we all expect it.
    another bad part...how many of us have guns not registered to themselves...? gift from dying family members, or bought from a friend, no records...? damn thats alot of trouble alot of people will go through, just for protecting thier 2nd...it's worth it , yes.
  8. SouthernMoss

    SouthernMoss *Admin Tech Staff*

    Jan 1, 2003
    SW MS
    Gotta disagree with you, Corpis66. Ben Franklin said, "Those that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." I'd rather live in a world that's a tad bit less safe than to allow anyone to take my Constitutional rights away from me.
  9. inplanotx

    inplanotx Active Member

    Jan 28, 2002
    I want to hear you say how good it is when they come knocking on your door at 3 am with your family sleeping and your children are carried downstairs where you and the wife are handcuffed and laying on the floor with the nice cops with weapons drawn. Now, will you just say, geez guys, I think you made a mistake and do nothing as they walk off into the night?

    I Don't Think SO!!!!!!
    Last edited: Apr 1, 2004
  10. 1952Sniper

    1952Sniper New Member

    Aug 22, 2002
    Maybe one of you smart fellers can 'splain this to me....

    From what I can tell, the officers asked to enter the house, and were given permission. Then, after finding Gould, they asked if they could search the house.

    When a cop asks you if he can search, even if he has no warrant, you have just relinquished your rights by agreeing to it. This precedent has been set for years now, in searches of automobiles during traffic stops.

    Did I miss something in this article that gives cops the right to search your house without a warrant or without asking?
  11. SouthernMoss

    SouthernMoss *Admin Tech Staff*

    Jan 1, 2003
    SW MS
    Sniper, the first paragraph of the article says:

    Police officers in Louisiana no longer need a search or arrest warrant to conduct a brief search of your home or business.

    I admit I haven't read the case to see exactly what the facts are; I was basing my comments on that sentence.

    But they did "search" the house and found the weapons before they asked permission. Would they have asked permission to search if they had not already seen the weapons in the closet?
  12. mameral

    mameral New Member

    Jul 24, 2003
    Northern California
    I would have to read the entire case also. There seems to be some missing info, such as who consented to allow them to search. The other thing is, if they were allowed by someone who had the right, I would believe that they were justified in looking in the closets as a closet is large enough for a human to hide in. It would be different if they searched his dresser drawers or searched for anything smaller than a human at that point. I just think that there are to many unanswered questions to form a judgement. The judges probably had 500 pages of deposition to mull over.
  13. 1952Sniper

    1952Sniper New Member

    Aug 22, 2002
    Granted, the article said that. But that doesn't make it true. In this particular case, there was never an entry without permission. From the facts and proceedings section of the case:
    So they asked to enter, and were given permission to enter by another resident. They specifically asked to look for the defendant. In the course of looking for the defendant, they saw the weapons. They proceeded with their search for the defendant, and upon finding him asked if they could search the house. Only after asking him to search the house did they do anything about the weapons.

    I really don't see anything wrong here. All of this wouldn't have happened if Dennis Cabral had simply said, "No, officer. You'll need a warrant to enter this house".
  14. inplanotx

    inplanotx Active Member

    Jan 28, 2002
    So, an officer approaches your house because you neighbor doesn't like you and tells police that you have yelled despicable epithets at him and you fear that he will harm you. The officer goes to your house, knocks on your door and suddenly feels he is not safe, he can then proceed to call for backup and search your house without a warrant?

    What if he got the address mixed up and you were sitting on the porch carving a piece of wood for your children with a knife. The officer see's the knife and is fearful of his life. Calls for back up and now wants to search for more weapons. He then gets to look in all your closets and finds ten legal weapons. Now what? He does not know they are legal, whats more, he does not care, but you're gonna pay a lawyer to get it cleared up! How much is that gonna cost ya?

    Not on my Watch!!!!
    Last edited: Apr 1, 2004
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