Comment PowerLine Blog Disects the Article... (Score 3, Interesting) 714
These guys are lawyers and bloggers. I think their analysis carries significant weight.
http://powerlineblog.com/archives/016398.php
"...I think the paper has the story exactly backward. Under pre-existing law, a search warrant was normally required to open first class mail (but not other forms of mail). However, many exceptions to the requirement of a search warrant have been recognized. The Fourth Amendment does not require a warrant in all cases; it requires that all searches be "reasonable."
One broad category of exception to the requirement of a warrant is "exigent circumstances." Generally speaking, if there are exigent circumstances (e.g., a danger that evidence is about to be destroyed), a warrant is not required. Thus, to construe the act as permitting warrantless searches in cases of exigent circumstances such as the possible presence of hazardous materials, means that in this regard, the act did not make any change in pre-existing law.
Likewise with the President's second qualification. Under the Foreign Intelligence Surveillance Act, warrantless physical searches are authorized in some circumstances. Thus, the President's signing statement means that he does not construe the Postal Accountability and Enhancement Act as changing these provisions of FISA.
So what President Bush is saying is that he understands that law enforcement authorities have exactly the same power to open first class mail that the had prior to the enactment of the Postal Accountability and Enhancement Act, at least with respect to exigent circumstances and FISA-authorized searches."
http://powerlineblog.com/archives/016398.php
"...I think the paper has the story exactly backward. Under pre-existing law, a search warrant was normally required to open first class mail (but not other forms of mail). However, many exceptions to the requirement of a search warrant have been recognized. The Fourth Amendment does not require a warrant in all cases; it requires that all searches be "reasonable."
One broad category of exception to the requirement of a warrant is "exigent circumstances." Generally speaking, if there are exigent circumstances (e.g., a danger that evidence is about to be destroyed), a warrant is not required. Thus, to construe the act as permitting warrantless searches in cases of exigent circumstances such as the possible presence of hazardous materials, means that in this regard, the act did not make any change in pre-existing law.
Likewise with the President's second qualification. Under the Foreign Intelligence Surveillance Act, warrantless physical searches are authorized in some circumstances. Thus, the President's signing statement means that he does not construe the Postal Accountability and Enhancement Act as changing these provisions of FISA.
So what President Bush is saying is that he understands that law enforcement authorities have exactly the same power to open first class mail that the had prior to the enactment of the Postal Accountability and Enhancement Act, at least with respect to exigent circumstances and FISA-authorized searches."
