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Judge rules for Mayfield in Patriot Act challenge

08:22 AM PDT on Thursday, September 27, 2007

by FRANK MUNGEAM, kgw.com

A U.S. District Court judge in Oregon has ruled in favor of Portland attorney Brandon Mayfield's challenge to the Patriot Act.

Watch KGW report

U.S. District Court Judge Ann Aiken issued a summary judgment in favor of Mayfield's complaint.

"This is wonderful news for our country," said Elden Rosenthal, a Portland civil rights attorney who represented Mayfield along with Gerry Spence.

Mayfield, wrongly arrested by the FBI, filed suit claiming that the Foreign intelligence Surveillance Act, as amended by the Patriot Act, was unconstitutional. These amendments changed the laws governing physical searches, electronic eavesdropping, and wiretapping, as well as the government's retention of those materials.

The judge ruled Wednesday that those amendments violated the Fourth Amendment of the U.S. Constitution which protects against unlawful searches and seizures.

More: Read judge's ruling

Background: Wrongly accused lawyer challenges Patriot Act

Rosenthal said the Wednesday's decision will require government investigators to have probable cause before getting warrants to search a suspect's home.

"It means that if the FBI wants to investigate someone for violating criminal acts," said Rosenthal, "They will have to follow the Bill of Rights."

On September fifth in New York, U.S. District Judge Victor Marrero struck down a part of the law that the judge ruled violated the First Amendment, protecting the freedom of speech.

"For the second time in a month the Judicial Branch has told the Bush Administration they've gone too far with violating the rights of Americans," said Rosenthal.

Rosenthal expects the government to appeal the decision, but no appeal had been filed by late Wednesday.

"We're reviewing the decision and have no further comment at this time," said Department of Justice spokesperson Peter Carr.

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