while that provision may have objectionable issues, the problem with that whole "anti Patriot" crowd is that they have no problems placing these powers in the most unaccountable branch of government - the judiciary. I don't trust the judiciary to protect me from terror threats. I'll give the executive and legislative branches the powers to do it, because at least I can vote them out of office if I feel it has misused them. if some judge refuses to issue a warrant against an AQ suspect, and that suspect blows up a shopping mall, what happens to that judge? nothing, they are unaccountable for their actions.
Although the argument can be made that the wrong person in power will always find a way to do what they want regardless of what the law says.
" They that can give up liberty to obtain a little temporary safety deserve neither liberty nor safety."
-Benjamin Franklin, Historical Review of Pennsylvania..