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  • From: Tvoivozhd <tvoivozd AT infionline.net>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] sneak and peek - legally
  • Date: Wed, 22 Sep 2004 14:03:22 -0700

Toni Hawryluk wrote:

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.

tvoivozhd---hell, any and every District Attorney in the U.S. as far back as I can remember has a "Vest Pocket Judge who will give him whatever he wants---and this extends to Grand Juries whom District Attornies manipulate outrageously and will---the accused have no rights to appear in front of a Grand Jury to counter the D.A.'s often baseless propaganda.. Your Constitutional Rights are a fiction.

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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