July 22, 2003
Take that, Ashcroft!
Yet another from Jeralyn at TalkLeft: "House Votes to Repeal 'Sneak and Peek' Searches." In "House Takes Aim at Patriot Act Secret Searches," the Washington Post reports that the House of Representatives has voted "overwhelmingly" (that is, 309 to 118, which doesn't seem that overwhelming to me …) to de-fund Section 213 of the so-called "USA PATRIOT" Act. Section 213, "Authority for delaying notice of the execution of a warrant," is the so-called "sneak and peek" provision, that allows
… surreptitious search warrants , seizures upon a showing of "reasonable necessity" and eliminates the requirement of Rule 41, Fed. R. Crim.P. that immediate notification of seized items be provided.
…
The effect of this provision is to allow the police to enter and search a home without telling anyone they have done so, seriously undermining the Fourth Amendment and one’s ability to mount a fourth amendment challenge to the search or any other kind of defense.
This is from Jeralyn's quotation of Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001: An Analysis.
I have two points to make here. One is that this conveniently provides me with the proof of Ashcroft's mendacity that I didn't have time for yesterday. The other is more important: Because of the significant Republican majority in the House, this act could only have succeeded with pretty major Republican support. This was emphatically a bipartisan amendment.
Just for the record, Representatives who voted against the provision to de-fund Section 213 included Howard Coble and Tom DeLay. And, to my surprise and extreme displeasure, Jane Harman, my Representative! Time for an angry letter, I think.