The Corner

Patriot Act

Kerry just displayed remarkable ignorance on the Patriot Act. He denounced so called “sneak and peak” searches….which have been a long held tool for law enforcement — here’s the reality (from www.lifeandliberty.gov)

Reality: Delayed notification search warrants are a long-existing, crime-fighting tool upheld by courts nationwide for decades in organized crime, drug cases and child pornography. The Patriot Act simply codified the authority law enforcement had already had for decades. This tool is a vital aspect of our strategy of prevention – detecting and incapacitating terrorists before they are able to strike.

In some cases if criminals are tipped off too early to an investigation, they might flee, destroy evidence, intimidate or kill witnesses, cut off contact with associates, or take other action to evade arrest. Therefore, federal courts in narrow circumstances long have allowed law enforcement to delay for a limited time when the subject is told that a judicially-approved search warrant has been executed. This tool can be used only with a court order, in extremely narrow circumstances when immediate notification may result in death or physical harm to an individual, flight from prosecution, evidence tampering, witness intimidation, or serious jeopardy to an investigation. The reasonable delay gives law enforcement time to identify the criminal’s associates, eliminate immediate threats to our communities, and coordinate the arrests of multiple individuals without tipping them off beforehand. In all cases, law enforcement must give notice that property has been searched or seized.

The Supreme Court has held the Fourth Amendment does not require law enforcement to give immediate notice of the execution of a search warrant. The Supreme Court emphasized “that covert entries are constitutional in some circumstances, at least if they are made pursuant to a warrant.” In fact, the Court stated that an argument to the contrary was “frivolous.” Dalia v. U.S., 441 U.S. 238 (1979)

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