Patriot Act's secret searches used 108 times
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From CNet's news.news.com site, headline is linked.
Patriot Act's secret searches used 108 times
Published: April 5, 2005, 7:44 AM PDT
By Declan McCullagh
Staff Writer, CNET News.com
The section of the Patriot Act permitting police to surreptitiously enter and search a home or office without notifying the owner has reportedly been used 108 times during a 22-month period.
The U.S. Justice Department released the figures, which cover the period from October 2001 through April 2003, late Monday. The release comes as the Senate and House of Representatives are beginning a series of hearings this week to decide whether to renew portions of the controversial 2001 law that are set to expire on Dec. 31. The section of the law that allows the searches is not one of those set to expire, but data about the provision was released as part of the review.
"Delayed-notification search warrants are used in a wide spectrum of criminal investigations, including those involving terrorism and drugs," the Justice Department said in a statement. "Like any other search warrant, delayed-notification warrants under Section 213 may only be issued after showing probable cause and obtaining the express approval of a judge."
Section 213 of the Patriot Act authorizes so-called sneak-and-peek entries in cases where alerting someone that a surreptitious search took place may have an "adverse result" on a police investigation. Eventually the owner of the home or office is supposed to be notified, though the law says that deadline can be "extended" without limit if police make a good case for it.
Even though the Patriot Act was enacted as a response to the Sept. 11, 2001, terrorist attacks, Section 213's powers are not limited to investigations of terrorists and spies. Instead, sneak-and-peek searches may be used to investigate any federal felony or misdemeanor, from firearms violations to marijuana possession or copyright infringement.
... more at linked article
So for all of the whining and crying from the ACLU and others that the Patriot Act is this evil nebulous enabling creation that will let the government snoop anywhere and anytime it wants, we find that in almost 2 years the number of uses of the act's provisions in this area was only 108 times? Bah!
For the most part, I'm still quite comfortable with the thought that the government is doing the job we have tasked them to do when they use tools like this. They're trying to fight terrorism or crime, and they're doing it the best they can, under judicial supervision. Does this make the ACLU happy? Of course not, but they are in the business of defending criminals and protecting the rights of criminals. They aren't concerned that in protecting those rights they may require us to disarm ourselves and lower our defenses. That matters not, since freedom and protection of the rights of criminals is first and foremost in their concern.
Patriot Act's secret searches used 108 times
Published: April 5, 2005, 7:44 AM PDT
By Declan McCullagh
Staff Writer, CNET News.com
The section of the Patriot Act permitting police to surreptitiously enter and search a home or office without notifying the owner has reportedly been used 108 times during a 22-month period.
The U.S. Justice Department released the figures, which cover the period from October 2001 through April 2003, late Monday. The release comes as the Senate and House of Representatives are beginning a series of hearings this week to decide whether to renew portions of the controversial 2001 law that are set to expire on Dec. 31. The section of the law that allows the searches is not one of those set to expire, but data about the provision was released as part of the review.
"Delayed-notification search warrants are used in a wide spectrum of criminal investigations, including those involving terrorism and drugs," the Justice Department said in a statement. "Like any other search warrant, delayed-notification warrants under Section 213 may only be issued after showing probable cause and obtaining the express approval of a judge."
Section 213 of the Patriot Act authorizes so-called sneak-and-peek entries in cases where alerting someone that a surreptitious search took place may have an "adverse result" on a police investigation. Eventually the owner of the home or office is supposed to be notified, though the law says that deadline can be "extended" without limit if police make a good case for it.
Even though the Patriot Act was enacted as a response to the Sept. 11, 2001, terrorist attacks, Section 213's powers are not limited to investigations of terrorists and spies. Instead, sneak-and-peek searches may be used to investigate any federal felony or misdemeanor, from firearms violations to marijuana possession or copyright infringement.
... more at linked article
So for all of the whining and crying from the ACLU and others that the Patriot Act is this evil nebulous enabling creation that will let the government snoop anywhere and anytime it wants, we find that in almost 2 years the number of uses of the act's provisions in this area was only 108 times? Bah!
For the most part, I'm still quite comfortable with the thought that the government is doing the job we have tasked them to do when they use tools like this. They're trying to fight terrorism or crime, and they're doing it the best they can, under judicial supervision. Does this make the ACLU happy? Of course not, but they are in the business of defending criminals and protecting the rights of criminals. They aren't concerned that in protecting those rights they may require us to disarm ourselves and lower our defenses. That matters not, since freedom and protection of the rights of criminals is first and foremost in their concern.
