Wednesday, July 09, 2003

More on the Patriot Act ... 

... from Orin Kerr here:

Section 215 on the whole probably offers more privacy protection in the terrorism context than the law has traditionally offered in the criminal law context ...
and here:

... pre-Patriot Act law did not require a probable cause search warrant. A mere grand jury subpoena sufficed in the criminal context, and didn't even require that a crime be committed. The same is true today-- that very low standard is unchanged by the Patriot Act. Section 215 didn't change the law that governs access to library records in criminal investigations-- rather, it changed the standard in terrorism investigations by lowering it to mere relevance.
and here:

The government has had the authority to conduct sneak-and-peek searches since long before the Patriot Act. The ACLU's advertisement makes it sound like the Patriot Act introduced sneak-and-peek warrants. But it didn't. The courts have interpreted the Fourth Amendment and the Federal Rules of Criminal Procedure to allow sneak-and-peek warrants since the 1980s.
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