Credit Where Credit is Due

Noting that he received a copy of the Constitution when he was sworn in as a senator, he proceeded to read it to Kris, emphasizing this part: “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.”

“That’s pretty explicit language,” noted Franken, asking Kris how the “roving wiretap” provision of the Patriot Act can meet that requirement if it doesn’t require the government to name its target.

Now that is a change.  And a welcome change, even if it comes from Al Fuckin’ Franken.


  1. Xrlq says:

    Sounds like the Fourth Amendment itself may need a little updating to reflect modern technology. Either that, or to allow a warrant to describe the person or the place to be searched and/or seized, rather than both. In the age of cell phones, it’s utter lunacy to say that Osama bin Laden’s phone can be tapped as long as he’s talking through Cell Tower A, but not through any other cell phone tower in his city or, for that matter, anywhere else in the world.

  2. Phelps says:

    I think that is how it is being interpreted. The roving wiretaps they are talking about describe neither. They don’t specify a person (like Osama) but a particular behavior and no particular place.