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March 29, 2004

Update on the New Orleans Search Case.

I have a trackback to my post on that subject that offers a much more informed view than I had. I was gratified to find that Brutal Hugs does not consider me a 'chicken-little' blogger on the subject! 8^)

He also has the info that I hadn't found - the details of the case. So, I was 'howling' a bit - but it got me what I wanted...

I'm still sticking to my guns on the issue of allowing LEO access to my home (there are exceptions, of course, and I do have cop friends), but in general, as the courts have also held that a right undefended can be interpreted as a right surrendered in the context of the single instance, I'll defend.

But - you should go read Brutal Hug's discourse on the subject (even if he can't spell Argghhh! - two g's, three h's, sirrah!).

A snippet that helps illuminate the case:

The police went to the suspect's home (a 14x16 foot trailer) and entered at the invitation of the suspect's roommate. They were told the defendant was in the bedroom, so they go to the bedroom to conduct a Terry interview. Once in the bedroom, they discover the defendant is missing. So far, so good. They've done nothing wrong. Here's where it gets contentious.

The police then check the immediate area to make sure the defendant isn't hiding in the closets or under the bed because they fear he might jump out and harm them. In the course of that search, they find a couple rifles, but they left them there. The cops ran outside and found the suspect hiding in the woods (guess he jumped out the window). They questioned and arrested him, got a search warrant, and come back to seize the rifles.

I have to agree with the overall thrust of Brutal Hugs' argument here: if that's all there was to it - and the ruling truly limits it to that, then I have much less angst about it, and I fall back to the "shall not cross with my permission" stand. Of course, I'm hosed in that regard if The Wife or The Kid let's 'em in, but that's a horse of a different color. Not that I'm hiding anything. The collection is on the 'net after all, and I did a presentation on it at Rotary, where the Chief of Police is a fellow member...