Appeals court hands police more search powers [priv]

[Declan McCullagh <declan () well com>]

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.

...

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