July 25, 2003 Letter to Representative Moran
July 25, 2003
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Representative Moran:
As your constituent, I am writing to thank you for your vote in support of an amendment to a spending bill that targets so-called sneak and peek warrants, which are one of the most controversial provisions of the infamous USA PATRIOT Act. I believe that the House passage of this amendment is an important first step in addressing the array of serious civil liberties problems created by the PATRIOT Act and very much appreciate your leadership on this matter.
For centuries, common law has required that the government cannot enter your property without telling you, and must therefore give you notice before it executes a search. This “knock and announce” principle has long been recognized as a part of the Fourth Amendment to the Constitution but has been called into question by the PATRIOT Act.
Notice is a crucial check on the government’s power because it forces the authorities to operate in the open, and allows the subject of searches to protect their Fourth Amendment rights. For example, it allows them to point out irregularities in a warrant, such as the fact that the police are at the wrong address, or that the scope of the warrant is being exceeded (for example, by rifling through dresser drawers in a search for a stolen car). Search warrants often contain limits on what may be searched, but when the searching officers have complete and unsupervised discretion over a search, a property owner cannot defend his or her rights.
The PATRIOT Act — which was passed only 45 days after the September 11 tragedies — undercuts many important checks and balances on government law enforcement and intelligence powers. It is important that we re-visit this legislation and ensure that it is in line with the Constitution. This amendment is an important first step in fixing the problems of the PATRIOT Act.
Once again, I thank you for your leadership on this important issue. I look forward to your leadership in addressing other grave civil liberties problems created by the PATRIOT Act and other post-9/11 federal actions.
Sincerely,
James Landrith