[Homestead] sneak and peek - legally

Toni Hawryluk tonihawr at msn.com
Wed Sep 22 13:27:14 EDT 2004


ACLU AD ON PATRIOT ACT PLAYS FAST AND LOOSE WITH FACTS - The American Civil Liberties Union is running an ad alleging that the USA Patriot Act allows authorities to search homes "without notifying us . . . treating us all like suspects." That's not exactly true.
http://www.capitolhillblue.com/artman/publish/article_5296.shtml<http://www.capitolhillblue.com/artman/publish/article_5296.shtml>

excerpts : (it's the *eventually* one needs to remember)

"Sneak-and-peek" searches are now easier to get, legal in all jurisdictions, and the law contains no practical limit on how long authorities can delay notifying the subject of a search. 

The USA Patriot Act does indeed include a provision that allows the government to conduct searches and seizures without immediate notification.

....The law also allows federal law enforcement officials to apply to a court for extensions of the initial delays, and the evidence so far is that these are being granted routinely, delaying notification for longer periods. According to an official DOJ response to Congress, as of April 1, 2003, the department had sought an average of five extensions for each warrant actually granted, and the courts have granted all such requests. A spokesman for the DOJ would not comment on the length of the extensions.

Sources
"Revised ACLU Interested Person's Memo on the Security and Freedom Ensured (SAFE) Act of 2003 (S. 1709/H.R. 3352) Which Provides Safeguards to Key Provisions of the USA Patriot Act<http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=15962&c=206#_ftn3> ," 16 June 2004.



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