http://www.chron.com/cs/CDA/ssistory.mpl/nation/2470156 March 27, 2004, 1:01PM 5th Circuit gives police new power in searches Warrant unneeded in some instances Associated Press NEW ORLEANS -- A federal appeals court has opened the door for police in Texas and two other states to search residences and buildings for evidence without a warrant -- a ruling strongly criticized by two dissenting justices. The 5th U.S. Circuit Court of Appeals ruled police do not need an arrest or search warrant to conduct a swift sweep of private property to ensure their safety. Evidence found in that search is admissible if the search is a "cursory inspection" and if police entered for a legitimate purpose and believed it may be dangerous. The 11-4 ruling affects Louisiana, Texas and Mississippi and replaces a standard set in 1994, when the 5th Circuit held that police can make a so-called protective sweep only if officers are there to arrest someone. 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. ... _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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