In the article, there was a section discussing "Meet the Feds." From that section, I quote: "The Patriot Act was also called into question by attendees. The FBI representative asserted that just because the act had been passed didn't mean they had carte blanche to surveil anyone they wanted, that judges still had approve their requests. That reasoning only flew so far, however, as the questioner pointed out that such requests by the FBI are always approved, never denied."
What we tend to forget is that, even in the Judicial system, there is a check-and-balance--especially when it comes to warrants. While a judge may allow a warrant, if a case ever goes to trial then a jury has an opportunity to nullify the value of any evidence obtained via a warrant. I know that sounds a little naiive, but this is one purpose of the jury--injecting the People into the judicial process to protect an accused from the Government. The jury is the key point in the process that is not absolutely Government controlled.
However, the attendees brought issue with the fact that "judges always approve." There was a landmark case (granted, it was in the early 18th C. in England) that allowed a victim to bring suit. The victim in question owned a printing press that printed pamphlets hostile to the Crown (or was it Parliment?). The Government responded by obtaining an ill-gotten warrant to wield as a weapon to silence him. However, the man suied and won a substancial sum. I think the right words were something to the effect of "a suitably painfully high sum to deter the Government from pursuing that line of action again."
Anyway, I'd like to point out that there are recourses of action for virtually anybody mis-treated by a ill-gotten warrant that are built into our legal system. Even if the judge always approve, there is the jury to help shield, and the precedence to file suit when abused. (I'd also like to point out that this is a common tactic by those justly prosecuted to try to wear down the government by attrition.)
I was the one who pointed out that the FISA court has only denied a single request for a warrant since its inception, and that the denial was overturned in the only time the FISA appeals court has ever had to meet.
Now let me ask you this: you mention that there is potentially recourse against the government for those who've had an ill-gotten warrant issued against them - what is the recourse if you're never told that the warrant was issued, and if it is "served" while you're at work, in secret, without you
You raise a fair enough question--a question that partly encouraged me to enroll in law school. Now, I won't know the answer right away . . . law school takes three years. But, I'll try to find the answer.
On the Subject of Warrants and the Patriot Act . . (Score:5, Interesting)
What we tend to forget is that, even in the Judicial system, there is a check-and-balance--especially when it comes to warrants. While a judge may allow a warrant, if a case ever goes to trial then a jury has an opportunity to nullify the value of any evidence obtained via a warrant. I know that sounds a little naiive, but this is one purpose of the jury--injecting the People into the judicial process to protect an accused from the Government. The jury is the key point in the process that is not absolutely Government controlled.
However, the attendees brought issue with the fact that "judges always approve." There was a landmark case (granted, it was in the early 18th C. in England) that allowed a victim to bring suit. The victim in question owned a printing press that printed pamphlets hostile to the Crown (or was it Parliment?). The Government responded by obtaining an ill-gotten warrant to wield as a weapon to silence him. However, the man suied and won a substancial sum. I think the right words were something to the effect of "a suitably painfully high sum to deter the Government from pursuing that line of action again."
Anyway, I'd like to point out that there are recourses of action for virtually anybody mis-treated by a ill-gotten warrant that are built into our legal system. Even if the judge always approve, there is the jury to help shield, and the precedence to file suit when abused. (I'd also like to point out that this is a common tactic by those justly prosecuted to try to wear down the government by attrition.)
Re:On the Subject of Warrants and the Patriot Act (Score:2)
Now let me ask you this: you mention that there is potentially recourse against the government for those who've had an ill-gotten warrant issued against them - what is the recourse if you're never told that the warrant was issued, and if it is "served" while you're at work, in secret, without you
Re:On the Subject of Warrants and the Patriot Act (Score:2)