I have real heartburn with this.

I was a cop, briefly, before I came on active duty. This ruling from the 5th Circuit in New Orleans appears to set a new standard for searches - no warrant needed if the officer fears for his life or safety.

In other words - should an officer approach my home for any reason, since I'm a known gun collector, I could be subject to a warrantless search (which means me sitting cuffed in the car) while the cop assures himself that he's not in danger. I'll have to look into the circumstances on this one - so far I've only found the brief news bit from a New Orleans news outlet.

The police assure us this will never be abused. I'm sure that Captain Defillo is sincere - but sorry, dude. I've been in the LE business, it will get abused, for all the 'right reasons'. That's why the law was set up to make it hard.

Go forth weblings, and search for the answer!

UPDATE: I found more info. It's worse, when I think about it. Anyone with an alternative view, please expound on it.

Based on the info in the article above, you witness a serious car accident. You're not involved, you just witness it. Police investigator comes to interview you. Essentially, that investigator can, under this ruling as reported, do a swift, cursory search of your home to satisfy themselves about their personal safety.

"This decision does not give officers "carte blanche" to literally search a home from top to bottom. It does allow us to do a "cursory inspection," a "swift sweep" for their own safety," said Captain Marlon Defillo of New Orleans Police Department.

Not the room the interview will be conducted in, but the whole home. Then, if he sees anything interesting, he can go get himself a 'real' (the distinction is starting to wane) warrant.

For me - if the guy doesn't know the firearms laws (and I'll tell you - most cops don't know the laws relating to what's legal and what's not in detail) and I'm sitting cuffed in the squad car, with my 'arsenal' being hauled out (and no doubt damaged in the process) the subject of lots and lots of news coverage, and then, six months later, I get it all back, with no news coverage about that, and with bits missing, broken and damaged, and some sanctimonious prick telling me I shouldn't have all that anyway, even if it is legal - and that "They'll be keeping an eye on me." Now you know why I'm as connected as I can be in with local law enforcement, so they do know and respect me as a respecter of the laws. But still, this gives me great pause. It only takes one ambitious cop who is convinced of the purity of his cause to make this go bad.

This will make it to the Supreme Court, I'm sure. Though I'm not sure what the outcome will be there. It does show that this upcoming election should be about judges. The rest of it will take care of itself over time, in many respects.

This isn't a case of 'If you haven't done anything wrong, you have nothing to worry about," Aside from the fact that's a specious argument that sets the stage for the argument that you should allow (even welcome) LE and State inspections of your property and lifestyle all the time, because only people who are going wrongs things will get in trouble - and boy is that BS.

Have a messy house the day of the interview? For whatever reason? Interviewing cop is a neatnik who thinks children should be raised in a sterile environment? Child Protective Services will be on the way. They may not find a thing - and even write a report favorable to you - but you will still have gone through the hell of a CPS inquisition because the cop was allowed to do a swift, cursory search of the house prior to conducting an interview.

I'm a good citizen, here's how I'll be playing it out. No LEO is ever crossing the door absent a warrant. You want to interview me, fine, we'll do it at your place. Or, we'll do it on my porch. But no LEO is EVER walking into my house uninvited or unannounced without a warrant. That doesn't mean I'll resist - that means that they'll NEVER be able to say they were invited in. LEO comes to my door, I'm coming out onto the porch and closing the door. Any LEO business they need to conduct with me will be conducted in a nice safe environment for them - their offices or my porch, or in the squad car. I would not want to make any LEO uncomfortable about his safety, so we'll go to his bunker.