Well, I can at least impart a bit of good news on this subject.
First, the Fifth Circuit only encompasses Texas, Lousianna, and Mississippi. The opinion is only binding law in those three states. Other circuits may look to the 5th Circuit opinion for guidance, but they are not bound to follow it.
Second, the was not simply an instance of the government entering a house and searching. The issue was whether the police after being allowed inside, had authority to make a "protective sweep" of the master bedroom of the house where the three rifles were found in plain view. (the resident, Mr. Gould, who occupied that bedroom was a convicted felon and could not legally possess a firearm under federal law). I think this opinion really supports the theory "bad facts make bad law". Read the first couple paragraphs of the opinion to find out why the police were at Mr. Gould's residence in the first place.
While I don't necessarily agree with the erosion of fourth amendment rights caused by this case, it is not as bad as it could be. We will have to wait for Patriot II for that.
The opinion is alarming, but hopefully will be reviewed by the US Supreme Court. It was a March 26, 2004 published opinion by an en banc panel of the 5th Circuit (all of the judges):
United States of America v. Kelly Donald Gould
http://www.ca5.uscou...629-CV0.wpd.pdfThis opinion was published two days after a 3 judge panel of the 5th circuit found the district court judge was proper in suppressing the search.
http://www.ca5.uscou...629-CV0.wpd.pdfI haven't had time to read the entire 64 page opinion yet, I may revise this post when I do.
Until then, be careful what you post, you never know who in the government is watching you . . .