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Quote of the Day - The Constitution only gives people the right to pursue happiness. You have to catch it yourself. - Benjamin Franklin
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Constitution Prevents Search And Seizure Without Prior Judicial Review

Regular readers know MIPTC comes down on both sides of the issues surrounding the Patriot Act.  There are some good parts to it and others ... well, let's just say that portions could be read to rewrite a 200 year-old document we call the Bill of Rights.  Apparently, I'm not the only one who agrees.  For what appears to be the second time, another federal judge has declared as unconstitutional the parts of it that allow search and seizure without judicial overview.

As most members of law enforcement know, you have to get a judge's permission to conduct a search of someone's home.  The Patriot Act, in certain circumstances, allows federal law enforcement personnel to bypass the judge.

Not anymore.

The Bill of Rights prevents just exactly that type of behavior.  Sure, the country needs aggressive enforcement against terrorists here.  But there's nothing wrong with going to a judge, in private, and explaining the need for the search warrant.

You likely remember from high school civics class that they call it a system of checks and balances.  

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Wednesday, September 26, 2007 at 18:45 Comments Closed (0) |
 
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