USA Patriot Act of 2001

topic posted Fri, April 9, 2004 - 10:44 PM by  eris
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Think your home is where cops have to ask if they can look around, or at least have a warrant? Think again.

"I want to examine here a single section of the USA Patriot Act –section 213, definitely one of the most sinister provisions of this monstrous statute.

In euphemistic language that conceals the provision ’s momentous significance, section 213 states that with regard to federal search warrants “any notice required ... to be given may be delayed if ... [1] the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result ...; [2] the warrant prohibits the seizure of any tangible property ... except where the court finds reasonable necessity for the seizure; and [3] the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown. ”

Section 213 may be couched in Orwellian terminology, but there is no doubt about what it does.

Section 213 is the first statute ever enacted in the history of American criminal procedure to specifically authorize an entirely new form of search warrant –what legal scholars call the sneak and peek warrant (also dubbed the covert entry warrant or the surreptitious entry warrant). A sneak and peek search warrant authorizes police to effect physical entry into private premises without the owner ’s or the occupant ’s permission or knowledge to conduct a search; generally, such entry requires a breaking and entering."

www.law.uga.edu/academics/...../36sneak.html

Do a google search, using "surreptitious entry warrant" or "sneak and peek entry". There are NO SET LIMITATIONS that this must be for a terrrorism suspicion, even though it is a statute in those particular new sets of laws. Adopted 2002.

Police state anyone?
posted by:
eris
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