Help, Please. I just heard a court decision on search of private...

[Ilsa]

property and commercial property by police, saying they could perform cursory sweeps without a warrant. The decision covers Tx, LA, MS, etc. I heard it on our local NPR nooncast. The desenting opinions referred to us entering "Hell" with this decision.

Anyone know what this is about?

[fryguy]

1. would be the 5th Circuit

but haven't seen anything about it. In fact the court's website says that no new opinions have been released....

http://www.ca5.uscourts.gov/

[redqueen]

2. Holy crap!

I hope you heard wrong!

[fryguy]

3. but...

It is already well-established law that police officers can make "cursory sweeps" of private property for the purpose of securing the area while conducting an arrest - i.e. if they enter an apartment to serve an arrest warrant they are permitted to do a sweep of the entire apartment to insure that there is no one else inside that could pose a danger to them. Courts are of varying strictness of what this type of search may entail and where they are permitted to look. Generally though, it would include any place that a person could hide, such as closets, under bed (and even between matresses) but not places such as in draws etc.

It would, therefore, depend on what the facts of the case before the 5th Circuit is to see how earth-shattering the opinion might be.

[Ilsa]

4. Thanks, it was a brief summary,

but it sounded alarming. Perhaps it wasn't that unexpected.

I'll keep listening.

:kick: