Wednesday, October 03, 2007

U.S. judge rules 2 provisions of Patriot Act unconstitutional

September 27, 2007

PORTLAND, Ore. - Two provisions of the U.S.A. Patriot Act are unconstitutional because they allow search warrants to be issued without showing probable cause, a federal judge ruled Wednesday.


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

"For over 200 years, this nation has adhered to the rule of law - with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised," she wrote.

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."

Read more here and here.



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