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Politics : The 2nd Amendment-- The Facts........ -- Ignore unavailable to you. Want to Upgrade?

To: PatiBob who wrote (1430)	10/30/2001 11:45:00 AM
From: JeffA	Read Replies (2) \| Respond to of 10167

Lawsuits Said To Loom Over Terrorism Bill's 'Sneak-and-Peek' Search Provision Tue Oct 30 2001 11:11:10 ET NATIONAL JOURNAL Fresh edtions of NATIONAL JOURNAL report: "Among the likely court fights over Congress' terrorism package is one over so-called sneak-and-peek warrants, according to Fourth Amendment scholars and groups across the political spectrum." The Journal continued: "The anti-terrorism package enacted in the wake of the Sept. 11 attacks contains a provision expanding the authority of federal law enforcement officers to conduct covert searches. "Unlike other provisions broadening law enforcement power, this one does not have a 'sunset' or time limit attached that would allow the lawmakers to revisit its necessity at a later date. And like many other provisions, the sneak- and-peek language is not restricted to terrorism investigations. "The terrorism law permits delayed notice of a search if a court finds reasonable cause to believe that immediate notice of the warrant may have an adverse result on an investigation. The warrant must provide for giving notice within a 'reasonable period,' which could be extended by a court for good cause." The Journal continued, "The Justice Department argued that the existing law is a mix of inconsistent rules, practices and court decisions that vary from jurisdiction to jurisdiction. It said the anti-terrorism provision resolves the inconsistency by establishing a uniform, statutory standard for all cases. " The Journal added, "The department also relied on a 1990 decision by the 2nd U.S. Circuit Court of Appeals. In U.S. v. Villegas . the court upheld a covert search where no physical evidence was seized in a drug investigation. But the court said that certain safeguards are required for covert searches, such as a showing of reasonable necessity for the delayed notice." Developing...