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Patriot Act parts struck down

September 27, 2007|From the Associated Press

PORTLAND, ORE. — Two provisions of the 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 4th Amendment."

Portland attorney Brandon Mayfield sought the ruling in a lawsuit against the U.S. after the FBI mistakenly linked him to the 2004 Madrid train bombings.

The government apologized and settled part of the lawsuit for $2 million after admitting a fingerprint was misread. Mayfield retained the right to challenge parts of the Patriot Act.

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