Quote :

"Judge rules part of Patriot Act unconstitutional Provisions allow search warrants issued without probable cause, she says PORTLAND, Ore. - Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause, a federal judge ruled Wednesday. U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment." Portland attorney Brandon Mayfield sought the ruling in a lawsuit against the federal government after he was mistakenly linked by the FBI to the Madrid train bombings that killed 191 people in 2004. By asking her to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so.""

http://www.msnbc.msn.com/id/20999950/

Thank god. It's taking a while, but some judges are actually standing up for the constitution.

[Edited on September 27, 2007 at 7:48 AM. Reason : ]

9/27/2007 7:48:26 AM

Although I'm always glad to see the restoration of civil liberties, it's pretty damned scary that I didn't hear about this program.

I knew they could wire tap prior to getting court-of-law quality probable cause, but they could search your property, too?

Has someone compiled a list of all the sketchy Patriot Act provisions?

9/27/2007 7:57:58 AM

Can these same judges succeed where the democrats have failed and restore habeas corpus?

9/27/2007 8:04:45 AM

Quote :

"but they could search your property, too?"

Not only could they search your property, but they could do it secretly, without ever telling you.

9/27/2007 8:50:53 AM

^^^ I remember there was something a couple years ago where a part of the Patriot Act was thrown out.

Quote :

"Allows federal agents to examine people's book-reading habits at public libraries and bookstores as part of terrorism investigations"

It's really the most ridiculous piece of legislation I can think of.

9/27/2007 9:05:58 AM

Thought crimes are serious business.

9/27/2007 9:48:24 AM

Quote :

"Not only could they search your property, but they could do it secretly, without ever telling you. "

just to throw fuel on, law enforcement can still do this (except the prop.owner/occupant will eventually be notified there was a search). All this ruling did was restore the need for PC of a crime to conduct a search, whereas the PA had modified the necessity to allow for 'intelligence' searches as 1 reason for the secret warrant (w/o PC of a crime).

9/27/2007 10:48:41 AM

i'm very glad to see that this article didn't have the typical paragraph that is in articles like this that states how the shady practice will continue to go on while it's being appealed

9/27/2007 1:32:51 PM