Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Reagan Man
The Patriot Act has sunset clauses contained in its legislation.

Some of it does. The provision allowing "sneak and peek" searches and seizures does not. Because it does not have a sunset clause it is a troubling provision, in my opinion.

The 4th Amendment requires that searches under warrant be specific and reasonable. The problem is, if the government secretly conducts a search of a citizen's home and may indefinitely delay informing the citizen of the search, the citizen will be hard-pressed to ever successfully challenge the search for being unreasonable or nonspecific. If the only witnesses who are present when the search is fresh are government witnesses, unscrupulous government agents (and there are some) are pretty much free to do as they please--and will be more greatly tempted to do so if they know they cannot be effectively challenged in their actions.

If a search cannot be challenged effectively, the 4th Amendment right against unreasonable searches and seizures is, for all intents and purposes, null and void as to that search.

This is one criticism of the PATRIOT Act that is warranted, I believe.

29 posted on 06/11/2002 7:30:29 AM PDT by Kevin Curry
[ Post Reply | Private Reply | To 14 | View Replies ]


To: Kevin Curry
I cannot let your thoughtful post #29 go unremarked.

This is a needlessly 'screamy' thread; the issues you raise are surely the crucial ones, and yet this is one post that sparked no replies, from either side of the ongoing debate.

Obviously, we can enjoy liberty AND security. The problem is, that outcome requires intelligent and measured policy from the government.

Some of us are more doubtful about that possibility than others. ;^)

72 posted on 06/11/2002 8:18:56 AM PDT by headsonpikes
[ Post Reply | Private Reply | To 29 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson