-Caveat Lector-

http://www.orlandosentinel.com/news/opinion/orl-edped202112002nov20,0,5388847.story?coll=orl-opinion-headlines

Dangerous wiretap ruling

Posted November 20, 2002

Our position: The appeals court ruling on secret searches flies in the
face of the Fourth Amendment.

In giving federal authorities more power to use wiretaps and other kinds
of secret searches, an appeals court didn't just knock down the wall
between intelligence gathering and criminal prosecutions. It also punched
a hole in the Constitution.

Monday's court ruling lets counterintelligence agents who monitor
suspected spies and terrorists turn over their findings to prosecutors,
who bring criminal charges. But what looks like simple information-sharing
turns out to be a detour around the Constitution's Fourth Amendment.

Thanks to the Fourth Amendment's protection against unreasonable search
and seizure, prosecutors must first show probable cause that a suspect has
committed a crime before they get court approval to tap his phone,
intercept his mail, monitor his computer use or enter his home.

Counterintelligence agents don't need to meet the same high standard to
snoop on alleged spies and terrorists. But if those agents can turn over
any information they collect to prosecutors -- or worse, gather the
information at the direction of prosecutors, as the court's ruling would
allow -- the Fourth Amendment offers little check on government spying.

It's unclear whether the court's ruling can be appealed to the Supreme
Court. Fixing this hole may fall to Congress, where liberals and
conservatives alike have expressed concern about protecting civil
liberties.

There is much the federal government can do to fight terrorism. It need
not disregard the Constitution to do so.

Copyright � 2002, Orlando Sentinel

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