Federal judge rules 2 Patriot Act provisions unconstitutionalStory Highlights
Judge: Search warrants issued without showing probable cause
Attorney seeks ruling after being wrongly linked to '04 Madrid train bombing
His suit says secret searches of house, office violated Fourth Amendment rights
As part of suit settlement, he retained right to challenge parts of Patriot Act
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(CNN) -- A federal court on Wednesday struck down two provisions of the Patriot Act dealing with searches and intelligence gathering, saying they violate the Fourth Amendment protection against unreasonable searches and seizures with regard to criminal prosecutions.
"It is critical that we, as a democratic nation, pay close attention to traditional Fourth Amendment principles," wrote Judge Ann Aiken of the U.S. District Court for the District of Oregon in her 44-page decision. "The Fourth Amendment has served this nation well for 220 years, through many other perils."
The Foreign Intelligence Surveillance Court of Review, set up to review wiretap applications in intelligence cases under the Foreign Intelligence Surveillance Act, or FISA, "holds that the Constitution need not control the conduct of criminal surveillance in the United States," Aiken wrote.
"In place of the Fourth Amendment, the people are expected to defer to the executive branch and its representation that it will authorize such surveillance only when appropriate."
The government "is asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. The court declines to do so," Aiken said.
The Justice Department was reviewing the decision, said spokesman Dean Boyd.
The ruling was a response to a lawsuit filed against the federal government by Brandon Mayfield, a Portland, Oregon, attorney who was wrongly arrested for alleged involvement in the 2004 Madrid train bombings.
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The federal government later apologized to Mayfield and settled part of Mayfield's lawsuit for $2 million. But Mayfield was permitted to keep pursuing the portions of his lawsuit challenging the constitutionality of the Patriot Act.
Federal judge rules 2 Patriot Act provisions unconstitutional - CNN.com