No Warrantless Searches
by Bob Barr

The recent decision by U.S. District Court Judge Ann Aiken declaring that warrantless searches of private residences and offices of American citizens under the USA PATRIOT Act are unconstitutional is right on target and fully consistent with any reasonable interpretation of the rule of law.

The decision came in a civil lawsuit brought by Portland, Oregon attorney Brandon Mayfield against the U.S. Justice Department which had conducted warrantless searches of his home and office in 2004 after the Madrid train bombing. The FBI had mistakenly suspected Mayfield of being connected with the terrorists responsible for that bombing and had, among other steps, undertaken warrantless searches under provisions in the 2001 Patriot Act.

As a result of its mistakes, the federal government was forced not only to drop charges against Mr. Mayfield, but paid $2.0 million in damages to him. Because of its abusive actions, the Justice Department has seen parts of one of its favored tools in conducting searches and gathering information on American citizens struck down. The decision by Judge Aiken is an important reminder to our government that even in conducting investigations of suspected terrorist actions, it must abide by the Bill of Rights, and that means securing warrants before invading the sanctity of one's home or office.

As more cases based on the government's use of the Patriot Act surreptitiously to gather information on American citizens come before the courts, I believe the abuses we have seen in recent years will be corrected and the applicability of the Bill of Rights reasserted. While all of us support the government in its legitimate efforts to discover, prevent and prosecute actions by terrorists, all Americans should demand that the government do so within the limits placed on it by the Bill of Rights and not in violation of those valued rights.

This decision by Judge Aiken is a small but important step in that direction.

Barr, a former Member of Congress (1995-2003), also served previously as a US Attorney and with the Central Intelligence Agency. He is a lawyer and currently works with national organizations on issues related to privacy and national security.