Portland, Ore. – Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause, a federal judge ruled Wednesday.
U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, “now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable-cause requirements of the Fourth Amendment.”
Portland attorney Brandon Mayfield sought the ruling in a suit against the federal government after he was mistakenly linked by the FBI to the Madrid train bombings that killed 191 people in 2004.
The federal government apologized and settled part of the lawsuit for $2 million after admitting a fingerprint was misread.
As part of the settlement, Mayfield retained the right to challenge parts of the Patriot Act. He claimed that secret searches of his house and office violated the Fourth Amendment.
Aiken agreed with Mayfield, writing, “For over 200 years, this Nation has adhered to the rule of law – with unparalleled success. A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised.”
Justice Department spokesman Peter Carr said the agency was reviewing the decision, and he declined to comment further.
