WE ARE LOSING IT FOLKS!

Senate approves police searches and seizures without warrants.

                   The United States Congress is on the verge of passing a
Republican sponsored bill that would eradicate the Fourth Amendment of the
United States Constitution. Article IV of the Bill of Rights states, "The
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by
Oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized."

In addition, this bill extends its authority to impede upon the First
Amendment Right of "Freedom of Speech."

The Methamphetamine Anti-Proliferation Act, "To provide for the punishment of
methamphetamine laboratory operators, provide additional resources to combat
methamphetamine production, trafficking, and abuse in the United States, and
for other purposes," has already passed through the Senate and was being
deliberated by the House of Representatives as of press time.

In effect, what the provision does is empower the Federal Government, State
Government and local law enforcement agencies, to enter private property -
homes, businesses, automobiles, etc. for any "criminal searches" without a
warrant and without any legal obligation to inform the private property
owner that a search and seizure was conducted until months later, if at all.
If the bill becomes law, then it would grant the Federal Government power
to obtain "intangible" evidence -- hard-drive data, photographs or copies
made of any documents or family or personal belongings, diaries, etc. -
without ever having to inform the owner that their property was searched.
If physical evidence was taken then the government could wait up to 90
days later, before having to notify the owner that a secret search of
their property ever occurred.

David Kopel, director of research for the Independence Institute, a Colorado
think tank focusing on Constitutional issues, said the bill was aimed
especially at computer hard drives, which could be copied in an owner'
absence and examined without the owner's knowledge.

The Senate's version of the bill (S. 486) was sponsored by Senator John
Ashcroft (R-Missouri). The House Bill (H.R. 2987) was sponsored by U.S.
Representative Chris Cannon (R-Utah).

It's primary initiative is to increase criminal penalties for the sale,
production and distribution of methamphetamines, appropriate funds to crack
down on "meth labs" where the drug is processed, and fund methamphetamine
treatment programs. However, tucked away deep inside the legal jargon of the
bill are two provisions which go far beyond the realm of methamphetamine
anti-proliferation or even the war on drugs. One measure pertains to police
search and seizure, while the other attempts to dictate Internet
communication.

Under present law, a property owner must be notified immediately of any
possession seized in a criminal search, but the "Notice and Clarification"
section of the methamphetamine bill (S. section 301, H.R. section 6) amends
U.S. Code by stating, "Section 3103a of title 18, United States Code, is
amended by adding at the end the following new sentence: `With respect to
any issuance under this section or any other provision of law (including
section 3117 and any rule), any notice required, or that may be required, to
be given may be delayed pursuant to the standards, terms, and conditions set
forth in section 2705, unless otherwise expressly provided by statute.'

A source within the Senate Judiciary committee, speaking on condition of
anonymity, admitted that the language in the search and seizure provision
"slipped by everybody" in the Senate.

"(Hatch and the Justice Department) buried it deep in the bill, and nobody
noticed until the thing had already passed."

"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," Kopel asserted. "So instead, the DOJ has nestled the Secret Search
item deep inside a long bill dealing with methamphetamines."

Jeanne Lapatto, spokesperson for the Senate Judiciary Committee and its
chairman, Senator Orrin Hatch (R-Utah), said she was unaware of the specific
provisions in question, but defended the goals of the bill. "This is a
bipartisan bill," Lapatto said. "During hearings, no one had any problems
with the overall goal of the bill, which is curbing the horrible problem of
methamphetamines."

Another approach the bill takes to "curbing" methamphetamine usage is by
making it a crime to create a hypertext link on the Internet to any site
that "directly or indirectly advertises" drug paraphernalia, or distributes
information about the processing or purchase of drugs (S. section 203, H.R.
section 3). Under the provisions of the act, an Internet service provider,
who is notified by a district attorney or representative of the Drug
Enforcement Agency, that one of their hosted sites is in violation, would be
required to remove the site within 48 hours or face federal criminal
penalties.

On top of that, another provision of the bill would make it punishable by up
to ten years in prison, "To teach or demonstrate. or to distribute by any
means of information pertaining to, in whole or in part, the manufacture of
a controlled substance."

U.S. Representative Bob Barr (R-Georgia), member of the House Judiciary
Committee, is leading the fight against this bill in the House. Barr asserts
that the search and seizure provisions of the bill, "Have nothing to do with
methamphetamines," and he believes that had the search and seizure provision
been introduced as a separate bill, its chances for passage, "Would be very,
very problematic."

"These are not minor changes," Barr added. "These are substantive and
far-reaching changes to the criminal law on search and seizure. It's
unconscionable that someone would try to sneak these provisions into an
unrelated bill."

A spokesperson for the Justice Department, which supports the provisions,
declined to comment directly, but did release a recent letter from Assistant
Attorney General Robert Ruben to House Judiciary Committee Chairman Henry
Hyde (R-Illinois).

In his letter, Ruben praised the bill for providing, "Important and
necessary tools for deterring the spread of methamphetamine manufacturing
and abuse in our nation."

Speaking on behalf of House sponsor, Rep. Chris Cannon (R-Utah), legislative
director Chris MacKay said the no-notice provision was necessary for,
"Police to perform their job effectively."

According to MacKay, the provision was designed to allow police to search
with minimum risk to their safety and without suspects destroying evidence
before they arrive, adding, "Anything we can do to win the war on drugs is
worth doing."

Tribune Combined Report, using with permission, amongst other sources,
information compiled and written by Justin Torres of CNSNews.com and David
Kopel of the Independence Institute.

Send your comments to wi_militia@yahoo.com