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Fourth Amendment Sneak Attack

Reno's outrageous Secret Searches measure.

By Dave Kopel, of the Independence Institute

The Reno Department of Justice is very good at being sneaky. The DOJ's
lobbyists are on the verge of successfully sneaking into law a provision
which will authorize federal agents to stealthily enter people's homes,
search the homes, and not tell anyone.

The Secret Searches measure is so outrageous that it would have no
chance of being enacted as a bill on its own, when subjected to public
scrutiny and debate. So instead, the DOJ has nestled the Secret Search
item deep inside a long bill dealing with methamphetimines. The measure
is further disguised with the innocuous title of "Notice Clarification."

Subject to virtually no public discussion, the Secret Searches item has
already passed the Senate, hidden inside the methamphetimine giant S.
486. Next week, the House Judiciary Committee will take up H.R. 2987,
the House version of the Senate bill, which also contains the buried
clause on Secret Searches (section 301). The federal bankruptcy reform
bill (which has passed both houses, and is currently in a conference
committee) likewise has the hidden Secret Searches language.

If the Secret Searches provision became law, it would apply to all
searches conducted by the federal government, not just searches
involving methamphetimines or bankruptcy.

When conducting searches, federal agents are currently required to
announce their presence before entering, and to provide an inventory of
any items they take. Because the person whose home or business is being
searched knows about the search, he can exercise his Fourth Amendment
rights, and make sure that the police have a properly-issued search
warrant. He can also see if the search is being conducted according to
the warrant's terms   i.e., the police are searching only for items
authorized by the warrant, they are searching the right address, etc.

But under a Secret Searches law, federal police could enter a person's
home surreptitiously, conduct a search, and not tell the homeowner until
months later.

Even months later, the police would not have to provide an inventory of
"intangible" items which were taken in a search. So if the police
entered your home secretly, and photocopied your diary or made a copy of
your computer hard disk, they would never have to inform you of their
actions.

Should the Secret Searches item be deleted from the methamphetimine and
bankruptcy bills, it is likely that Clinton will try to sneak the item
into a gigantic budget bill, during the Congressional Republicans'
annual fall appropriations surrender. Take note: In a previous Congress,
Clinton was able to obtain authority for warrantless wiretaps   which
had been defeated after public debate earlier in the year   by hiding
the authority in the year's omnibus budget bill.



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