It is almost as if the Constitution limits the states' ability to
deal with school shootings and gang violence!
What an astonishing concept!
https://archive.md/mgil3
Judge Rejects Warrantless Police Searches
L.A. TIMES ARCHIVES
APRIL 8, 1994 12 AM PT
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FROM ASSOCIATED PRESS
CHICAGO — Police can’t conduct warrantless gun searches in public housing projects, a federal judge said Thursday in a decision that
rebuffed pleas from housing officials and tenants who hoped the sweeps
would quell gang violence.
U.S. District Judge Wayne Andersen’s ruling ended the latest round in an emotional dispute between city officials and civil libertarians who
argue that the courts can’t grant a wholesale waiver of the Constitution’s protection against unreasonable searches.
“The erosion of the rights of people on the other side of town will ultimately undermine the rights of each of us,” Andersen said in
refusing to lift a ban he imposed last month.
Violence last summer prompted the Chicago Housing Authority to ask
police to conduct the random, door-to-door searches for weapons.
President Clinton said after the ruling he has ordered Atty. Gen. Janet
Reno and Housing Secretary Henry G. Cisneros to develop a search policy
for all U.S. public housing that is constitutionally permissible.
“We must not allow criminals to find shelter in the public housing community they terrorize,” Clinton said in a statement.
Some tenants also backed the warrantless searches, saying they would
prefer the sweeps to random gunfire that made it dangerous to stand near windows or venture outside.
“Mothers put kids in their bathtubs in fear of their lives,” CHA chairman Vincent Lane said before the hearing.
Lane left the courtroom without comment after Andersen’s ruling.
Earlier, he had said he didn’t expect Andersen to lift the ban and predicted the case would wind up in the Supreme Court.
The American Civil Liberties Union sued to halt the searches on behalf
of Chicago’s estimated 150,000 public housing tenants.
Gang warfare last month in the huge Robert Taylor Homes project brought
new urgency to the debate. Police received more than 300 reports of
gunfire in the 28-building, 12,320-tenant complex over a five-day period. Andersen has permitted police to conduct warrantless searches if
specific apartments are pinpointed as sources of gunfire, and Lane
promised to use that authority if violence erupts again in the projects.
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