Just mentioned on Olbermann, as well.
Two Patriot Act Provisions Ruled Unlawful
By WILLIAM McCALL
The Associated Press
Wednesday, September 26, 2007; 8:05 PM
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 lawsuit against the federal government after he was mistakenly linked by the FBI to the Madrid train bombings that killed 191 people in 2004.
<>Mayfield claimed that secret searches of his house and office under the Foreign Intelligence Surveillance Act violated the Fourth Amendment's guarantee against unreasonable search and seizure. Aiken agreed with Mayfield, repeatedly criticizing the government.
"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," she wrote.
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/26/AR2007092602084.html