5.18.00
Fourth Amendment Sneak Attack

5.16.00
Always a Rerun

5.16.00
Grabbing the Rail

5.16.00
Califonia's School Quackery

5.15.00
A Critical First Step

5.15.00
Federalists Rejoice

5.15.00
The Real Gun Lobby

5.15.00
Stopping The Triumph of Quotas

5.15.00
Bush's Best Idea

5.15.00
The Madness of Gun Buybacks

5.15.00
Taking Aim At The Constitution

5.12.00
The Great GOP Land Grab

5.12.00
Million Mom March: Much Less than Advertised

5.12.00
New York's New Archbishop

5/18/00 9:50 a.m.
Fourth Amendment Sneak Attack
Reno's outrageous Secret Searches measure.

By Dave Kopel, of the Independence Institute

he Reno Department of Justice is very good at being sneaky. The DOJ's lobbyists are on the verge of successfully sneaking into law a provision which will authorize federal agents to stealthily enter people's homes, search the homes, and not tell anyone.

The Secret Searches measure is so outrageous that it would have no chance of being enacted as a bill on its own, when subjected to public scrutiny and debate. So instead, the DOJ has nestled the Secret Search item deep inside a long bill dealing with methamphetimines. The measure is further disguised with the innocuous title of "Notice Clarification."

Subject to virtually no public discussion, the Secret Searches item has already passed the Senate, hidden inside the methamphetimine giant S. 486. Next week, the House Judiciary Committee will take up H.R. 2987, the House version of the Senate bill, which also contains the buried clause on Secret Searches (section 301). The federal bankruptcy reform bill (which has passed both houses, and is currently in a conference committee) likewise has the hidden Secret Searches language.

If the Secret Searches provision became law, it would apply to all searches conducted by the federal government, not just searches involving methamphetimines or bankruptcy.

When conducting searches, federal agents are currently required to announce their presence before entering, and to provide an inventory of any items they take. Because the person whose home or business is being searched knows about the search, he can exercise his Fourth Amendment rights, and make sure that the police have a properly-issued search warrant. He can also see if the search is being conducted according to the warrant's terms — i.e., the police are searching only for items authorized by the warrant, they are searching the right address, etc.

But under a Secret Searches law, federal police could enter a person's home surreptitiously, conduct a search, and not tell the homeowner until months later.

Even months later, the police would not have to provide an inventory of "intangible" items which were taken in a search. So if the police entered your home secretly, and photocopied your diary or made a copy of your computer hard disk, they would never have to inform you of their actions.

Should the Secret Searches item be deleted from the methamphetimine and bankruptcy bills, it is likely that Clinton will try to sneak the item into a gigantic budget bill, during the Congressional Republicans' annual fall appropriations surrender. Take note: In a previous Congress, Clinton was able to obtain authority for warrantless wiretaps — which had been defeated after public debate earlier in the year — by hiding the authority in the year's omnibus budget bill.

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