Threat Level - Wired Blogs

Court Strikes Down 2 Key Patriot Act Provisions:

A federal district court judge struck down two key pillars of the Patriot Act Wednesday, ruling that using a secret spying court to wiretap and secretly search Americans' homes for criminal prosecutions violates the Constitution's protections against unreasonable searches and seizures.

Federal district court judge Ann Aiken struck down the government's ability to get orders from the secret spy court for anything other than acquiring foreign intelligence activities, saying that using that court and its lowered standards -- instead of getting a traditional criminal wiretap order -- violates the Fourth Amendment's ban on unreasonable searches and seizures. The ruling applies to Patriot Act changes to wiretapping laws and to so-called sneak-and-peak searches, where the government can search someone's home secretly and never have to disclose the search to the individual.