RULING MAKES IT EASIER FOR POLICE TO COME IN TO HOMES

The American Civil Liberties Union of Louisiana has launched a Know
Your Rights campaign in response to a recent U.S. Fifth Circuit
decision that it says dramatically weakens the Fourth Amendment ban on
unreasonable search and seizure.

Last week in U.S. v. Gould, the New Orleans-based Fifth Circuit Court
of Appeals ruled that police no longer need a search or arrest warrant
to conduct a brief search of a home or business. Joe Cook, executive
director of the ACLU of Louisiana, said the Fifth Circuit went against
its own precedent in U.S. v. Wilson (2001) by holding that, if
officers are allowed to enter a home for any reason, they may conduct
a "protective sweep." A "protective sweep" means officers can look
throughout a house in places where a person might be hiding in ambush,
Cook said. During that sweep, any evidence of criminal activity in
plain sight may be seized and used as a basis for arrest and the
filing of criminal charges.

Cook said the ruling should "change the landscape" of law in
Louisiana, Mississippi and Texas, the three states covered by the Fifth
Circuit.

"The sacrifice of basic liberties, rather than making us safer, will
make us less free," Cook said. "Allowing the police to search a
private residence without a warrant under a 'knock and talk' pretext
will promote distrust and hinder effective law enforcement."

New Iberia Police Department spokesman Sgt. Chad Hazelwood said the
new search power, which is effective immediately, will be used
judiciously.

"Anywhere criminal activity is suspected, the safety of our officers
is always the No. 1 priority," he said. "If an officer is granted
permission to search a residence, of course he's going to make a sweep
of that residence to be safe. It's standard practice."

Hazelwood said he doesn't envision any problems in New
Iberia.

"This is just something else officers will be aware of," he said.
"We're going to continue to operate the same way we always have."

Cook said last week's ruling has prompted the public to contact the
ACLU about their rights. He offered the following suggestions:

. Law enforcement agents cannot enter and search your home unless
you give them permission or unless they have a search or arrest warrant.

. If there is no warrant, you should say clearly that you have not
given your consent and that the search is against your wishes. The
police cannot get a warrant based on your refusal.

. Your roommate or guest can legally consent to a search of your
house if police believe that person has the authority to give consent.
Police need a warrant to search an office, but your employer can
consent to a search of your workplace without your permission.