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2 Patriot Act Provisions ruled unlawful - 9/27/2007 3:21:19 PM   
Real0ne


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Joined: 10/25/2004
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Portland attorney Brandon Mayfield, left, shares a smile with public defender Steven Wax as they announce in Portland, Ore., in May 2004, that a federal judge dismissed the case against Mayfield, who had been detained in connection with the Madrid train bombings investigation.     

Portland attorney Brandon Mayfield, left, shares a smile with public defender Steven Wax as they announce in Portland, Ore., in May 2004, that a federal judge dismissed the case against Mayfield, who had been detained in connection with the Madrid train bombings investigation.

PORTLAND, Ore. (AP) — 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.

The federal government apologized and settled part of the lawsuit for $2 million after admitting a fingerprint was misread. But as part of the settlement, Mayfield retained the right to challenge parts of the Patriot Act, which greatly expanded the authority of law enforcers to investigate suspected acts of terrorism.

Mayfield claimed that secret searches of his house and office under the Foreign Intelligence Surveillance Act violated the Fourth Amendment's guarantee against unreasonable search and seizure. Aiken agreed with Mayfield, repeatedly criticizing the government.

http://www.usatoday.com/news/nation/2007-09-26-patriotact-lawsuit_N.htm?csp=34


What sucks of course is the delay in getting this shit corrected.  Meantime they can do whatever they want.

Apparently congress no longer concerns itself with upholding the laws of the land, only expediency.


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Yesterdays tinfoil is today's reality!

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