Court Opens Door To Searches Without Warrants

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 keep officers safe, but others argue it's a privilege that could be abused.

This is a very scary ruling. The basic premise is that if an officer gains entry into a home legally (ie, through consent) they then have permission to search that home "for their own safety", and what they find is then admissable in court. In the case that produced the ruling, officers were looking for a resident of the house, without an arrest warrant, and obtained permission from another resident to look for the individual. Their search included the bedroom and closets of the person they were looking for (on the grounds that he could be hiding in one). The search uncovered several firearms; as the person they were looking for is a felon, he was charged as a felon in possession of firearms.

Now, a more appropriate way to deal with officer-safety concerns would be to allow "officer safety" searches only in cases where an arrest warrant was issued, and to explicitly prohibit any use of evidence from those searches. In other words, if the officer conducts a search for "safety" reasons he can't use anything he finds, automatically, no arguments; not in trial and not in a request for a search warrant. This will appropriately discourage the use of officer safety as an excuse for searching a residence.

I will also reiterate here that "Officer Friendly" is not your friend and should not be invited into your home, into your car, or really, anywhere you have any property rights to, no matter how friendly he seems. Any "casual chats" Officer Friendly wants you to have with him can be had outside your home with the door closed.